Does Majority Rule threaten Liberty?
Brian Shuffler
University of the Pacific
American Political Thought – 134
Professor Becker
Does Majority Rule threaten Liberty?
Our Constitution was designed to check majority rule and to stymie the ascendency of primacy in our society. According to the Declaration of Independence, “We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable Rights, that among these are Life, Liberty and the Pursuit of Happiness” . This proclamation is the bedrock and principle that our democracy was founded on.
Arguably, James Madison and Alexis De Tocqueville were both concerned about the dangers of majority rule and how majoritarianism
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Impossibility of conceiving a mixed government. Sovereign power must be placed somewhere. Precautions which one should take to moderate its action. These precautions have not been taken in the United Stated. Result thereof” . Tocqueville was concern about the tyranny of the majority, citing the government of the United States that without some form of checks and balances it could possibly lead to the suppression of the minority. He writes, “What is a majority on its collective capacity, if not an individual with opinions, and usually with interests, contrary to those of another individual, called the minority?” . He is apprehensive about the lack of guarantees against tyranny and how to preserve individual freedoms in the United …show more content…
They had both recognized that the solution was in setting boundaries to power that no person or group must hold the bulk of power. The key is in restriction of power amongst competing interests. Madison’s idea of a republican style government based on the principles of the Virginia Plan, which was incorporated into the Constitution, did not quite achieve the objectives of a government with checks and balances to guard against the consolidation of factions. Today our contemporary politics are still influenced by factions (interest groups the ones that adverse to public
A majority, held in restraint by constitutional checks and limitations, and always changing easily with deliberate changes of popular opinions and sentiments, is the only true sovereign of a free people. Whoever rejects it, does, of necessity, fly to anarchy or to despotism” (Basler,
James Madison’s Federalist #10 outlines one of the key strengths of the U.S. Constitution; specifically, how our government guards against and uses factions. In particular, Madison focuses on the struggle between the majority and minority factions. He goes in depth to explain how the setup of the government prevents the development of an overbearing and abusive majority faction that might seek to deprive the minority faction of its rights. Madison begins by explaining that every argument or issue produces two sides, one of which will be numerically superior. Under direct democratic rule, this group would be able to impose their will upon the minority without any limitations; this could lead to impulsive decisions that ultimately are not in the public’s best interest.
Perhaps the most famous Federalist paper, Federalist 10, starts off by saying that one of the biggest arguments that favors the Constitution is that it creates a government suited to minimize the harm caused by factions. Faction, in this case, is defined as a group of people whether a minority or majority based on class, race, and profession that all share a common interest. It was inevitable that factions would occur and perhaps the defining characteristic was the unequal distribution of property. This would ultimately lead the poor without property to become the majority in a “tyranny of the masses.” Madison believed that there were two solutions in preventing majority factions, 1) Remover the causes, and 2) Control the effects.
In Federalist No. 78, Alexander Hamilton lays out his vision for the Supreme Court of the United States. In this essay, Hamilton explains that the court should function as a “bulwark against majoritarian excesses” (O’Brien 181). His intension was for the court to protect the rights of the minority of the people against the tyranny of the majority. Hamilton makes the assurance that the court will use separation of powers as a “check” on Congress in order to protect against popular will (O’Brien 22). To accomplish this, the court had to function as an independent body in order to “safeguard” against the will of the majority and “occasional ill humors in the society” (O’Brien 349).
In other words, Madison wanted federalism in our country. Because both state and local governments check each other due to their separate
Popular sovereignty can be seen when Madison writes “the representatives of the people, will be more consonant to the public good than if pronounced by the people themselves”. The idea of pluralism is included because he acknowledged the existences of different factions and their own purpose which are diverse. The republican principle may be viewed as he states “If a faction consists of less than a majority, relief is supplied by the republican principle, which enables the majority to defeat its sinister views by regular
Problems in America only grew worse when democracy was being added to the mixture of already complicated politics. In Woody Holton’s book, Unruly American and the Origins of the Constitution, he stated that, “many Americans. . . were growing ‘tired of an excess of democracy,’ a ‘prevailing rage of excessive democracy. . .’ [or] ‘democratical tyranny.’” Democracy was an attempt at home rule among the colonies, but not everyone was happy with this extreme excess of colonial citizens contribution to the government.
Madison and Hamilton both knew that some form of federal government was needed, but Madison was not for one on this scale. The People still remembered what rule under Britain was like, and were hesitant to put themselves back into a situation where history could repeat itself. In the end, the two were able to come to an agreement. The South got to choose the capital’s location, therefore deciding the location of the heart and soul of the country. Both had logical views, but Hamilton was right to try and explain the importance of unity.
However, the opinion of one man overruling all overs can not be an instance of democracy but one of dictatorship. Corrupt governments are a lingering fear in the minds of governed. Andrew jackson felt that his
Meaning, there has not been a small minority standing in the way of the most recent amendments. As this nation progresses into new political realities, the protection of an overwhelming majority cannot be abandoned. The decision by Democrats in 2013 and then Republicans in 2017 to use the “nuclear option” and changing Senate rules in order to approve Presidential nominees is an example of an irresponsible step, creating a more polarized and partisan nation. This
1. What does Madison mean by faction and why might he have called them a "necessary evil" in a free society? Madison mean by faction are group of people that are not given the same equal freedom or same chances in living or doing their own things. Madison called them necessary evil because of without a balance and just government the society will fall. As the result, with a just and balance with equal divisions can make everything seem more functional and people will agree upon.
James Madison wrote Federalist 51 over 200 years ago, yet its words still impact today’s government in 2016. When writing Federalist 51, Madison had two main objectives in mind; he wanted a government with a separation of powers, and he also wanted minorities to be protected. Both of his objectives have been accomplished and continue to be present in today’s American government with the latter objective being more present in today’s government even more so than in the past. To begin with, power is separated in today’s government, preventing a single person or group from having absolute power since, “Power tends to corrupt, and absolute power corrupts absolutely,” according to John Dalberg-Acton. The American government is composed of three branches which power is separated amongst.
He puts forward the idea of “freedom of opinion” (Tocqueville 106) and constitutes it as “independence of mind and real freedom of discussion” (Tocqueville 104). Unlike Locke, this stretches far beyond what is done. Tocqueville is careful to differentiate this liberty from the freedom of speech, as this freedom from opinion is more meant to indicate the freedom to follow different paths of thought and not be unfairly judged for it. Once again, it is the majority who suppresses this in Tocqueville’s opinion, as scorn and persecution for unwanted opinions permeate throughout society (Tocqueville 105). Tocqueville’s entanglement of liberty and what is right means that a majority’s limitation of liberty is unjust, while Locke’s concept of liberty means it must necessarily be restrained by a majority in order to protect the principle aim of government, to protect
Madison’s essay reflects the fear many had of a tyrannical government and the desire to ensure that the country didn’t revert back to that which it had just escaped from. He notes the necessity to prevent any one faction or group from gaining too much power and oppressing those in the minority. The separation of powers was set in place to ensure that this could not happen. Even if one group decides they want something, the other two have the equal authority to prevent it should it not represent the country as a whole.
Madison brings up that it isn’t possible to divide power absolutely equally and “In republican government, the legislative authority necessarily predominates.” (2). And so, the legislative branch will be divided even more to try and combat the unbalance of power. Madison thought this system was a good method because he believed that it was part of human nature to have conflicting ideas and wants, and so each branch could keep the others in line and therefor no one power is above the others. Furthermore, Madison believes a bigger government with multiple branches is better because then it becomes difficult for one