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Through the Fourteenth Amendment the various legal and civil rights were added to the rights of the former slaves. Whatever basis for being a minority, they have the right for equality which is what the Constitution protects. 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. 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. B. Tyranny by minority over the majority is barred, but so is tyranny of the majority against minorities. MAJORITY RULE AND MINORITY RIGHTS. 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. This interactive guide to the U.S. Constitution provides the original text and an explanation of the meaning of each article and amendment. Majority Rule. The U.S. Constitution includes minority protections regarding majority rule. Majority rule is a means for organizing government and deciding public issues; it is not another road to oppression. This means that small gains to the majority outweigh large … Another complication for majority voting occurs when there are a lot of alternatives or candidates. It’s rather about being given the privilege to give ones opinion that matters. Even though the U.S. Constitution, ratified in June 1788, is still hailed as […] And, conversely, when, and under what conditions, must the rights of the minority be restrained in order to prevent the subversion of majority rule? The majority’s decisions must heed the protection of the minorities.” POPULAR SOVEREIGNTY. Majority rule with respect to majority rights is a concept which ensures the no political power will be more dominant. Indeed, the United States has long used a majority system as the basis for political decision-making. The Constitution protects the rights of the minorities as well. When, and under what conditions, should the rule of the majority be curtailed in order to protect the rights of the minority? An example of an instance where majority rule with respect to minority rules apply, is the issue of same-sex marriage. In spite of the majority rule, the rights and freedom of the minority is preserved. In a democratic society, it is important that everyone should be treated fair, ones opinions be voiced out and ones voice be heard. --- One problem is that a simple majority of people make the decision. Although not explicitly mandated, the Constitution and its framers clearly envisioned that simple majority voting would be used to conduct business. The first way is through the Congress passing a proposal, with a two-thirds vote, to the states to ratify. are some of the governments having Majority Rule. The Constitution allows the minorities to have the voice especially in political decisions. Thomas Jefferson, third President of the United States, expressed this concept of democracy in 1801 in his First Inaugural Address. Then the effective majority is 50% of 200 plus 1, ie 101. Prior to the ratification of the Fifteenth Amendment, the Blacks population specifically the males were denied of their rights to suffrage. This led women to march in protest. It proposed voting rights for women. “Principles of Democracy: Majority Rule, Minority Rights.” 2005. . Majority rule is a decision rule that selects alternatives which have a majority, that is, more than half the votes. When the Indian Constitution mentions “all the then members”, that refers to the effective majority. Business / Professional Writing Services: 100% Authentic Research & Writing Guarantee, Sample Essay: Majority Rule And Minority Rights. Westport, CT: Praeger Publishers, 1997. Article VI says, “Political decisions shall stem from the will of the majority, expressed by means of a free vote. Although the majority does not agree with same-sex marriage, there are still those who wanted it to be legal. Thus their vote for a certain candidate actually counts even if the candidate wins or loses. 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. The Amendments of the Constitution clearly exemplify the rights of the people including the minorities. 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 … But, the Constitution limits the majority only because of the fear of uprisings from the minorities. The term minority may apply to anyone as a result of ethnicity, gender, religious affiliations or sexual preferences, geographical location or income level. The name of this organization shall be the New Organization at UCLA. 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 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. Although "the majority rules," the … No one will ever find out that you have used our service. 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. The United States Constitution is deliberately inefficient. 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. 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. 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. Majority rule is applied in making decisions on public issues as well as for organizing the government (usinfo.org). It is important to give consideration to the rights of the minorities so that the government will completely display the essence of democracy. The Fifteenth Amendment therefore prevents voting discrimination based on ones color or race (Vile 195). Yet there are several problems with relying on majority rule as Jac Heckelman goes on to discuss. Alert to the dangers of majoritarian tyranny, our Constitution's framers inserted several anti-majority rules. The principle majority rule with respect to minority rights reiterates the rights to equality. Two example are namely; the Constitutional Law with regards to the Bill of Rights and the Limitations of Judicial Powers. If you care about your rights, it … Majority Rule in the United States Majority rule is used in many democracies. 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. That is, both will be considered and heard in every aspect of the society. In every constitutional democracy, there is ongoing tension between the contradictory factors of majority rule and minority rights. 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. The Fourteenth Amendment assures three primary guarantees to the citizens. © 2020 GenuineWriting.com Writing & Research Services | All Rights Reserved, A Companion to the United States Constitution and Its Amendments. In such way, the rights of the minorities are given the same rights that the majority enjoys. With this concept, policies and decisions rely on the majority even if the issues tackled cover the minorities. Majority rule is often considered to be a pillar of democratic decision-making. He said. Big deal, you say? Majority rule is observed in every election wherein the candidate who was voted in by the majority gets the chair. 16 February 2009 . The typical approach is to break the vote intosteps. This allows the recognition of the status of the minority and thus giving them a voice in our country. In such way, the rights of the minorities are given the same rights that the majority enjoys. Hence the government was so designed to protect their rights while at the same time using the majority rule effectively (McDuffie). 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… 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. 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. It’s a republic. But the Constitution does not allow that rights of the minorities be taken over by the majority. 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. Collectively, those 10 amendments are known as the Bill of Rights. 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. Services: 100 % non-plagiarized work allow that rights of others especially the minority an agreement which benefits whole! Amendments to the United States, expressed this concept of democracy: majority rule, Constitution... Majority to dominate the minority with respect to minority rights best free civics materials around... 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