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Which do you think has the upper hand today? I know many conservatives say that social policy and income tax gives majority rule the upper hand but I would like to hear many different viewpoints and reasoning.
Why has this problem always been? Is it simply a downside to democrazy or is America just not doing something right?
It depends, really. On a federal level, we seem to defer to individual rights, as it takes an Amendment to overrule them. On a state level, it varies. It's no clear what the case is in California, as they have a distinction between "Revisions" and "Amendments" to their constitution, which confuses the hec out of me.
I think we've seen the decline of the importance of majority rule. It seems any person or group can get the "majorities" wishes overturned if they try hard enough.
Majorities are strictly limited in what they can control. This is a foundational principle of the country. You'd think people would be used to the idea by now...
Okay for one thing the United States of America is not a democracy. We are a federal constitutional republic. There is no majority makes the rules here, the way it is suppose to work is we vote for people to represent us and let them make the laws.
We have a tendency to protect the individuals rights, even if it goes against what the majority of people want. While this may seem unfair, it is the way our system works. This is why I believe that eventually gay and lesbian couples will be allowed to get married (I don't have a problem with civil unions myself, I just don't like them using the term married, it bugs me).
So, in the end, I think individual rights takes precedence over majority rule, and in most cases I agree with it.
Yes but what you guys are saying doesn't hold true as far as income taxes and with the recent election it has become clear the the majority can take money away from the richest few people and divide it amongst themselves. You can also think about eminent domain. Where did the constitution draw the line on this subject?
The only way I can see individuals having power is going to the supreme court like somebody hinted but elected officials are elected by the majority with no minority representation and we are about to see a supermajority in the house senate and presidency. I'm not just talking about parties but if the party in control was to go against your individual rights the supreme court would be your only hope (and that could be appointed by the president)
seems to me like individuals have no power but I would like to here more ways they do and how we aren't under "majority rule"
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Quote:
Originally Posted by my54ford
I think we've seen the decline of the importance of majority rule. It seems any person or group can get the "majorities" wishes overturned if they try hard enough.
Okay for one thing the United States of America is not a democracy. We are a federal constitutional republic. There is no majority makes the rules here, the way it is suppose to work is we vote for people to represent us and let them make the laws.
We have a tendency to protect the individuals rights, even if it goes against what the majority of people want. While this may seem unfair, it is the way our system works. This is why I believe that eventually gay and lesbian couples will be allowed to get married (I don't have a problem with civil unions myself, I just don't like them using the term married, it bugs me).
So, in the end, I think individual rights takes precedence over majority rule, and in most cases I agree with it.
This pretty much summarizes everything. Very good post.
I was refering to the apparent ability of people or groups of people in the minority getting laws,elections etc overturned once the majority had leaglly voted on the question
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