Majority Rule in US Constitution and Policies Essay
The U.S. people are dominated by the democratic principle beneath which the majority determines the policies. Majority rule is acknowledged by the us Constitution.
The similar document ensures that almost all isn’t capable of infringe on the rights of the minority. As James Madison famous in the 1780s, the bulk tends to override the legitimate rights and pursuits of the minority group. Two elements of the us Constitution are used as means to forestall the tyranny of a majority: the Fifth and Fourteenth Amendments. The Fifth Amendment grants the right to refuse to testify against himself and prohibits the second trial for a similar offense. The Fourteenth Amendment provides citizenship rights to African Americans and former slaves and ensures equal treatment of all folks.
The majority rule is the basic precept of U.S. democratic authorities, which rests on the belief that policies must be defined to meet the wants and pursuits of the majority. The interests of a minority group are additionally taken into consideration. However, their influence on the policy drafting is not significant.
Historically, there has been a debate over the legacy of majority rule as the foundation of policy growth.
It is believed that the interests of a minority group are merely not taken under consideration (Kearney 2003). However, the democratic form of authorities ensures equal representation of all groups in governing bodies. Thus, the relationship between majority and minority teams could be outlined as a compromise.
From a logical standpoint, it is impossible to draw the insurance policies which satisfy the interests of all people because completely different teams have completely different pursuits. Democracy, quite the opposite, is focused on the interests of the bulk with respect to the rights of the minority. Thus, the wants of all teams are taken into account when the policies are developed.
Many theorists point out that the U.S. Constitution neither provides nor ensures human rights, and its initial purpose is to limit and restrict the government (Kearney 2003). In particular, the Bill of Rights is devoted entirely to listing particular person rights. From the standpoint of the Founders, Constitution could not guarantee Natural Rights as a result of these rights aren’t given by the federal government or the majority group. Natural rights are “endowed to us by our Creator,” and no group of people has the ability to offer or restrict the rights (Kearney 2003). Thus, what is the function of the Constitution? Many theorists believe that Constitution could be very efficient in protecting the rights of minorities – racial and spiritual groups whose views are not supported by the majority – from the abuse through majority rights.
The most typical abuse of the minority group by majority group was slavery. At the times of slavery, the majority group abused slaves for their own good. The majority rule was used as a justification of slavery, as a justification of minority group oppression. The Fourteenth Amendment prohibited slavery and ensures equal rights to all U.S. residents. This is probably one of the most necessary sections of the U.S. Constitution geared toward protecting minority groups from oppression by the majority. Another example of a balanced relationship between majority and minority teams is outlined all through the whole Constitution: the government is split into three branches (legislative, executive, and judicial), and each of the branches having separate powers that balance the powers of the other two (Rabbit 2001). Thus, division of power ensures that no department of power has a greater influence on policymaking.
Even though the bulk rule is no longer thought-about to be an efficient software to balance the distribution of social advantages and draft nationwide insurance policies, there is not any various to it. Recalling the recent initiative of the American authorities to revive safety and peace in Iraq, the extensive application of majority rule has proved to be only partially efficient. American representatives strived to construct establishments able to making certain equal rights and illustration of multi-ethnic groups in policymaking.
However, if the laws handed in the united states under a 2/3 majority rule is considered to be in the interests of the whole nation, the identical rule can’t be applied to Iraq due to the opposing ethnicity and position-taking (Sanchez 2007).
This is amongst the examples of how American majority rule fails when applied to a extremely fractioned nation, corresponding to Iraq.
The International Democrat Union was based in 2005 with the aim of discovering a technique to switch the bulk rule with a more viable coverage. As DeWeese, the founder of IDU has noted, the Declaration of Human Rights, in addition to the U.S. Constitution, merely outlines the rights all folks should have (2005).
Neither of the documents offers a transparent definition of presidency, even though the U.S. Constitution states that the rights of all individuals are guaranteed regardless of what the bulk thinks.
DeWeese offers an attention-grabbing example of majority rule principles: “suppose the overwhelming majority of individuals vote to abolish your business or take your house.
This is identified as majority rule.” (2005).
Another instance of majority rule is outlined by Stephen Crockett and Al Lawrence in relation to the American healthcare system. The authors notice that the American authorities is indifferent in direction of the wants of the majority as well as minority as a end result of the national healthcare insurance policies are formed in accordance to the interests of drug companies. The Republican Party, specifically, blocks nationwide health insurance applications as a outcome of they’re granted financial rewards from powerful companies (Crockett and Lawrence 2006). Even although this example is extra related to corruption in energy, it offers an insight on how highly effective minority group can reverse the bulk rule for their very own monetary benefits and ignore the pursuits of the entire nation.
In conclusion, the bulk rule is nice only in concept while when applied practically, it fails to serve the national interests. The U.S. Constitution is interpreted in another way by completely different people and although the Founders aimed at creating an effective law, they failed to offer a working document. Numerous disputes over the policies and evident abuse of energy by authorities indicate that the values of freedom and equality are not promoted.
- Crockett, S. & Lawrence, A. (2006, October). How about Majority Rule on Issues! The Democratic Talk Radio.
- DeWeese, T. (2005). Meet the International Democratic Union. Changing Worldviews Commentary.
- Kearney, M. (2003, February). The Purpose of the us Constitution. Web.
- Rabbit, J. (2001).
- Majority Rules. The Democratic Underground.
- Sanchez, F. (2007). A Simple Majority Rule for Iraq. The World Press. Web.