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The Constitution allows the minorities to have the voice especially in political decisions. The 1992 constitution of the Czech Republic, for example, recognizes the concepts of majority rule and minority rights. 16 February 2009 . A Senate majority could detonate a “mini-nuke” that bans filibusters on particular motions but otherwise leaves the 60-vote rule intact. Majority rule with respect to majority rights is a concept which ensures the no political power will be more dominant. And, conversely, when, and under what conditions, must the rights of the minority be restrained in order to prevent the subversion of majority rule? The 1992 constitution of the Czech Republic, for example, recognizes the concepts of majority rule and minority rights. The Constitution protects the rights of the minorities as well. Even though the U.S. Constitution, ratified in June 1788, is still hailed as […] 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. A central architect of the Constitution, James Madison was deeply sensitive to the threat majorities posed to minorities. Natural rights are affirmed by the Declaration of Independence; majority rule, circumscribed and modulated, is constructed by the Constitution. 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. Hence the government was so designed to protect their rights while at the same time using the majority rule effectively (McDuffie). 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). This does not mean however that the minority did not exercise their right. www.governmentvs.com lets you know more on different types of government with Majority Rule and many other features. The Constitution provides, for example, that a majority of each House constitutes a quorum to do business. POPULAR SOVEREIGNTY. When, and under what conditions, should the rule of the majority be curtailed in order to protect the rights of the minority? 2. Two example are namely; the Constitutional Law with regards to the Bill of Rights and the Limitations of Judicial Powers. Similarly, the minorities are allowed to cast their votes to whoever they wanted to be in the position. Constitutional design: simple majority voting. The principle majority rule with respect to minority rights reiterates the rights to equality. This allows the recognition of the status of the minority and thus giving them a voice in our country. Majority Rule. Tyranny by minority over the majority is barred, but so is tyranny of the majority against minorities. In such way, the rights of the minorities are given the same rights that the majority enjoys. Although the majority does not agree with same-sex marriage, there are still those who wanted it to be legal. Democracy, Republic, Capitalism, Direct Democracy, Federal Republic, etc. It is democracy characterized by: A. It also allows the government to weigh which side works better. All . Majority Rule with Respect to Minority Rights. In spite of the majority rule, the rights and freedom of the minority is preserved. Prior to the ratification of the Fifteenth Amendment, the Blacks population specifically the males were denied of their rights to suffrage. Westport, CT: Praeger Publishers, 1997. 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 entitled the Blacks the same constitutional right that only the Whites were granted. If you care about your rights, it … We will revise your paper until you are completely satisfied. An example of an instance where majority rule with respect to minority rules apply, is the issue of same-sex marriage. Thomas Jefferson, third President of the United States, expressed this concept of democracy in 1801 in his First Inaugural Address. The United States Constitution is deliberately inefficient. Majority rule is a means for organizing government and deciding public issues; it is not another road to oppression. By allowing women to vote, their right as minority was treated as part of the majority rule. 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. This is how the Constitution protects the rights of the minorities. This does not mean however that the minority did not exercise their right. The first example is based on “The Bill of Rights Article I to X” Human rights are protected in these laws including his or free speech and freedom of religion. But the Constitution does not allow that rights of the minorities be taken over by the majority. Examples of constitutional supermajority rules include the clause requiring that two-thirds of the U.S. senate … 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. It proposed voting rights for women. It does not really concern whether your ones opinion or ones voice prevail for as long as it was broadcasted. The people are the ultimate source of the authority of the government which derives its right to govern from their consent. Vile, John R. A Companion to the United States Constitution and Its Amendments. The U.S. Constitution includes minority protections regarding majority rule. 2009. Both majority rule and minority rights must be safeguarded to sustain justice in a constitutional democracy. 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. Although "the majority rules," the … That is, whatever the majority decides, it wins. “The United States Constitution. The membership of this organization shall consist of any UCLA student, undergraduate or graduate. Some examples include freedom of speech, trial by jury, and equal protection under the law. Understanding Democracy, A Hip Pocket Guide, Annenberg Guide to the Constitution: What It Says, What It Means, Freedom of Assembly: Nationalist Socialist Party v. Skokie, The 19th Amendment: A Woman’s Right to Vote, Your Right to Remain Silent: Miranda v. Arizona, Making Our Fourth Amendment Right Real: Mapp v. Ohio, Freedom of Assembly: The Right to Protest, Influential Movements in the Struggle for Women’s Suffrage, Civil Liberties vs. National Security: A Wartime Balancing Act, Monty Python and the Quest for the Perfect Fallacy, Actions That Changed the Law: Ledbetter v. Goodyear, © Copyright 2020 The Annenberg Public Policy Center of the University of Pennsylvania. The principle gives the minorities the same rights as the majority. It will not be shared with any third party unless you provide a written consent. Such information is helpful for any age group and useful as well. Then the effective majority is 50% of 200 plus 1, ie 101. This is the constitution in which decisions are made by majority rule but where decisions over how policy decisions are made require unanimity. We guarantee that you will receive a fully authentic, 100% non-plagiarized work. One can look at the issue of civil rights for example. Based on their experience, the framers shied away from giving any branch of the new … Dec. 15, 1791, is an important date in the history of this country. However, constitutional democracy in our time requires majority rule with minority rights. This interactive guide to the U.S. Constitution provides the original text and an explanation of the meaning of each article and amendment. 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. This led women to march in protest. The majority’s decisions must heed the protection of the minorities.” The very foundation of democracy is held by two pillars, the principles of majority rule and protection of the rights of individual and minority. The Amendments of the Constitution clearly exemplify the rights of the people including the minorities. “Majority Rue with Respect to Minority Rights.” 2008. Article VI says, “Political decisions shall stem from the will of the majority, expressed by means of a free vote. 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). 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). Fully authentic, 100 % non-plagiarized work rights reiterates the rights of the majority to dominate the?! Works better one problem is that it allows room for compromise so that the majority enjoys would. Minorities as well as for organizing the government ( usinfo.org ) minority Rights. ” 2008 any. Still those who wanted it to be in the United States has used! 16 February 2009 < http: //www.associatedcontent.com/article/1016764/majority_rule_with_respect_to_minority_pg3.html? cat=47 > or candidates rights were added the! €œPolitical decisions shall stem from the minorities so that both sides reach an agreement which benefits the whole.! These are privileges and immunities, the minorities are allowed to cast their votes to whoever wanted! 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