majority rule examples constitution

Some examples include freedom of speech, trial by jury, and equal protection under the law. 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… It is democracy characterized by: A. But, the Constitution limits the majority only because of the fear of uprisings from the minorities. An example of an instance where majority rule with respect to minority rules apply, is the issue of same-sex marriage. Constitutional design: simple majority voting. 3. 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. An example of an instance where majority rule with respect to minority rules apply, is the issue of same-sex marriage. Westport, CT: Praeger Publishers, 1997. Two example are namely; the Constitutional Law with regards to the Bill of Rights and the Limitations of Judicial Powers. 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. 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. _cbrown. In every constitutional democracy, there is ongoing tension between the contradictory factors of majority rule and minority rights. “Majority Rue with Respect to Minority Rights.” 2008. By John Patrick, Understanding Democracy, A Hip Pocket Guide (Oxford University Press). That is, whatever the majority decides, it wins. Although the majority does not agree with same-sex marriage, there are still those who wanted it to be legal. The first 10 amendments to the U.S. Constitution were officially added on that day, exactly 220 years ago. In such way, the rights of the minorities are given the same rights that the majority enjoys. 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. The name of this organization shall be the New Organization at UCLA. The membership of this organization shall consist of any UCLA student, undergraduate or graduate. Mount, Steve. Otherwise, we will just give you your money back. All . Thus the Fifteenth Amendment gives them the right to vote as the Constitution did not limit their rights due to color or race (McDuffie). 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. We guarantee that you will receive a fully authentic, 100% non-plagiarized work. Democracy vs Republic: Rule by Majority or Rule By Law. The Constitution provides, for example, that a majority of each House constitutes a quorum to do business. In a democratic society, it is important that everyone should be treated fair, ones opinions be voiced out and ones voice be heard. The United States Constitution is deliberately inefficient. Based on their experience, the framers shied away from giving any branch of the new … The 1992 constitution of the Czech Republic, for example, recognizes the concepts of majority rule and minority rights. They have been labeled just a domestic partner and not an individual hence their husbands were considered enough o represent them during elections. The rights of the minority are still respected. Majority Rule. Majority Rule in the United States Majority rule is used in many democracies. 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. It does not really concern whether your ones opinion or ones voice prevail for as long as it was broadcasted. People often refer to the United States as a democracy, but technically speaking, that’s not true. This allows the recognition of the status of the minority and thus giving them a voice in our country. If there was no limit on majority rule, the majority could end up making all the decisions. Majority Rule with Respect to Minority Rights. And, conversely, when, and under what conditions, must the rights of the minority be restrained in order to prevent the subversion of majority rule? Another complication for majority voting occurs when there are a lot of alternatives or candidates. But the most important thing is that it allows room for compromise so that both sides reach an agreement which benefits the whole society. It’s not really about pushing for the right person on the position. CONSTITUTIONAL DEMOCRACY is the antithesis of arbitrary rule. Majority rule is observed in every election wherein the candidate who was voted in by the majority gets the chair. 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. 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 … A number of candidates, like 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. Thus their vote for a certain candidate actually counts even if the candidate wins or loses. The first way is through the Congress passing a proposal, with a two-thirds vote, to the states to ratify. “Principles of Democracy: Majority Rule, Minority Rights.” 2005. We will revise your paper until you are completely satisfied. The principle gives the minorities the same rights as the majority. That is, both will be considered and heard in every aspect of the society. The 1992 constitution of the Czech Republic, for example, recognizes the concepts of majority rule and minority rights. By allowing women to vote, their right as minority was treated as part of the majority rule. Indeed, the United States has long used a majority system as the basis for political decision-making. 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. --- One problem is that a simple majority of people make the decision. Majority rule with respect to majority rights is a concept which ensures the no political power will be more dominant. If you care about your rights, it … This is the constitution in which decisions are made by majority rule but where decisions over how policy decisions are made require unanimity. 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. With this concept, policies and decisions rely on the majority even if the issues tackled cover the minorities. Whatever basis for being a minority, they have the right for equality which is what the Constitution protects. Although not explicitly mandated, the Constitution and its framers clearly envisioned that simple majority voting would be used to conduct business. 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 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. This led women to march in protest. This means that small gains to the majority outweigh large … 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. www.governmentvs.com lets you know more on different types of government with Majority Rule and many other features. Collectively, those 10 amendments are known as the Bill of Rights. These are privileges and immunities, the due process and equal protection. Natural rights are affirmed by the Declaration of Independence; majority rule, circumscribed and modulated, is constructed by the Constitution. . 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. So that even if the majority wins over them, they had exercise their right and they were treated equally and not just mere subordinate. 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. 2009. 16 February 2009 . Then the effective majority is 50% of 200 plus 1, ie 101. MAJORITY RULE AND MINORITY RIGHTS. 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. Majority rule is a means for organizing government and deciding public issues; it is not another road to oppression. Amendment XV also protects the rights of the minority. McDuffie, Nicole. 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. Article VI says, “Political decisions shall stem from the will of the majority, expressed by means of a free vote. The term minority may apply to anyone as a result of ethnicity, gender, religious affiliations or sexual preferences, geographical location or income level. 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 wrote the Constitution with the mindset of preventing the majority to dominate the minority. Amendment XIX of the Constitution projects the rights of the minority towards a majority rule. Hence the government was so designed to protect their rights while at the same time using the majority rule effectively (McDuffie). Yet there are several problems with relying on majority rule as Jac Heckelman goes on to discuss. In that case you might want rules like the 13th amendment to prevent the … Dec. 15, 1791, is an important date in the history of this country. 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. The majority’s decisions must heed the protection of the minorities.” © 2020 GenuineWriting.com Writing & Research Services | All Rights Reserved, A Companion to the United States Constitution and Its Amendments. Majority rule is observed in every election wherein the candidate who was voted in by the majority gets the chair. Majority rule is a decision rule that selects alternatives which have a majority, that is, more than half the votes. The Fourteenth Amendment assures three primary guarantees to the citizens. But the Constitution does not allow that rights of the minorities be taken over by the majority. The very foundation of democracy is held by two pillars, the principles of majority rule and protection of the rights of individual and minority. It’s rather about being given the privilege to give ones opinion that matters. It is not created to take the rights of others especially the minority. 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 … However, constitutional democracy in our time requires majority rule with minority rights. When the Indian Constitution mentions “all the then members”, that refers to the effective majority. That is, both will be considered and heard in every aspect of the society. are some of the governments having Majority Rule. The American Example. Big deal, you say? Majority rule is applied in making decisions on public issues as well as for organizing the government (usinfo.org). Alert to the dangers of majoritarian tyranny, our Constitution's framers inserted several anti-majority rules. This interactive guide to the U.S. Constitution provides the original text and an explanation of the meaning of each article and amendment. 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. POPULAR SOVEREIGNTY. 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). Unlimited majority rule in a democracy is potentially just as despotic as the unchecked rule of an autocrat or an elitist minority political party. It entitled the Blacks the same constitutional right that only the Whites were granted. Tyranny by minority over the majority is barred, but so is tyranny of the majority against minorities. It is important to give consideration to the rights of the minorities so that the government will completely display the essence of democracy. 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. Examples of constitutional supermajority rules include the clause requiring that two-thirds of the U.S. senate … This does not mean however that the minority did not exercise their right. The typical approach is to break the vote intosteps. It’s a republic. Both majority rule and minority rights must be safeguarded to sustain justice in a constitutional democracy. Alexis de Tocqueville, “Tyranny of the Majority,” Chapter XV, Book 1, Democracy in America. Similarly, the minorities are allowed to cast their votes to whoever they wanted to be in the position. 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. 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. Although the majority does not agree with same-sex marriage, there are still those who wanted it to be legal. No one will ever find out that you have used our service. Therefore, public officials in the institutions of representative government must make authoritative decisions about two questions. The rights of the minority are still respected. The U.S. Constitution includes minority protections regarding majority rule. 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. Thomas Jefferson, third President of the United States, expressed this concept of democracy in 1801 in his First Inaugural Address. 16 February 2009 . This does not mean however that the minority did not exercise their right. Some decisions require more than a simple majority. The best free civics materials from around the web in one monthly mailing. . The Constitution specifies particular powers held by only the federal government -- such as to declare war, to make treaties, and to … Many of America's founding fathers, most notably James Madison, were hugely concerned about the potential for the majority … A Senate majority could detonate a “mini-nuke” that bans filibusters on particular motions but otherwise leaves the 60-vote rule intact. The Constitution allows the minorities to have the voice especially in political decisions. Thus their vote for a certain candidate actually counts. 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. The Fifteenth Amendment therefore prevents voting discrimination based on ones color or race (Vile 195). It also allows the government to weigh which side works better. 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). 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 … 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. 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). Prior to the ratification of the Fifteenth Amendment, the Blacks population specifically the males were denied of their rights to suffrage. When, and under what conditions, should the rule of the majority be curtailed in order to protect the rights of the minority? It will not be shared with any third party unless you provide a written consent. Article VI says, “Political decisions shall stem from the will of the majority, expressed by means of a free vote. It proposed voting rights for women. 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. Democracy, Republic, Capitalism, Direct Democracy, Federal Republic, etc. Through the Fourteenth Amendment the various legal and civil rights were added to the rights of the former slaves. B. 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. Similarly, the minorities are allowed to cast their votes to whoever they wanted to be in the position. Such information is helpful for any age group and useful as well. Even though the U.S. Constitution, ratified in June 1788, is still hailed as […] One can look at the issue of civil rights for example. This is how the Constitution protects the rights of the minorities. Although "the majority rules," the … In Hartford, Connecticut, the first constitution in the American colonies, the “Fundamental Orders,” is adopted by representatives of Wethersfield, Windsor, and Hartford. The principle majority rule with respect to minority rights reiterates the rights to equality. 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. It is the binary decision rule used most often in influential decision-making bodies, including all the legislatures of democratic nations. First Inaugural Address were denied of their rights while at the same time using the majority rule respect! So that the majority could end up making all the decisions you are completely.... Long as it was broadcasted long as it was broadcasted the unchecked rule of the minorities are allowed to their... James Madison was deeply sensitive to the U.S. Constitution were officially added on that day exactly... Various legal and civil rights were added to the States to ratify bodies, including all decisions... 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