Question

In: Economics

How did the Founding Fathers formulate the Constitution to ensure that the minority would always be...

How did the Founding Fathers formulate the Constitution to ensure that the minority would always be in charge and that power would never go from them to the masses?

Solutions

Expert Solution

In any organization where a majority of citizens or leaders are able to pass laws or rules that apply not only to themselves but to all members of the group, discretion is required to differentiate possible laws that are reasonable and fair from those that are tyrannical because they are excessive, unjust and justifiably unacceptable to the minority that opposed them. And institutional procedures need to be in place, wherever possible, to prevent the passage of tyrannical laws by those whose judgment may fail in such matters.

In a republic it is of great importance not only to protect society against the oppression of its rulers but also to guard one part of society against the injustice of the other. If a majority is empowered by a common interest, the interests of the minority will be vulnerable. "Many of the features of the Federal Government's constitutional structure are intended to prevent any branch or department from acquiring the hegemony of the others, but in serving that purpose, they also serve as a buffer against any popular majority, as defined by the House of Representatives at that time.

Race, ethnicity, color are such features in many societies today, but there are also minorities of philosophical and other kinds. Moreover, majorities in any parliament often simply impose their will on those numerical minorities with opposing philosophies for as long as they can, which means at least one, if not many, election cycle. In some of these instances, in the legislature, the minority opinion may be "represented," but it is not attended by the majority, and thus is not what might be considered "effectively represented."


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