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A constitution essay
Constitutionalism essay
Ways of safeguarding minority rights
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Majority rule can often lead to tyranny because of the pursuit of the majorities’ interests; however, with the Supreme Court and its interpretation of the Constitution, minority groups are often able to rule over the unjust majority. Majority rule is essential in a democracy and having limits does not contradict the majority’s power. The principles of majority rule can be upheld while the rights of minorities are protected as long as justice is maintained through the checks on majority factions and justified court rulings.
Though the government wants majority rule to be upheld, majority factions are often proved dangerous due to the fact that they may strip the rights of minorities. In Federalist No. 10, Madison states, “When a majority is included in a faction, the form of popular government, on the other hand, enables it to sacrifice to its ruling passion or interest both the public good and the rights of other citizens” to explain how the existence of large factions can be detrimental to the public good (72). In Chapter 1 of On Liberty, Mill states, “….‘the tyranny of the majority’ is now generally included among the evils against which society requires to be on its guard” to signify how the principle of majority rule can lead to the “tyranny of the majority”, also known as when the power of the majority oppresses a minority group (96). Both Mill and Madison introduce how the concept of a majority rule can harm the interests of the people outside the “majority”. A more concise example is given in Martin Luther King’s letter from Birmingham Jail; in his letter, King describes the atrocities the African Americans face on a daily basis due to the majority opinion that African Americans are not of equal standing as the whites. K...
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.... San Diego: University Readers, 2011. 75-78. Print.
King Jr., Martin Luther. “Letter from a Birmingham Jail.” 1963. In Dimensions of Culture 2: Justice. Ed. Valerie Hartouni, Robert Horwitz and John Skrentny. San Diego: University Readers, 2011. 13-20. Print.
Madison, James. “The Federalist No. 10.” 1787. In Dimensions of Culture 2: Justice. Ed. Valerie Hartouni, Robert Horwitz and John Skrentny. San Diego: University Readers, 2011. 71-74. Print.
Mill, John Stuart. “Chapter 1: Introductory from On Liberty.” 1859. In Dimensions of Culture 2: Justice. Ed. Valerie Hartouni, Robert Horwitz and John Skrentny. San Diego: University Readers, 2011. 95-100. Print.
Plessy v. Ferguson. 163 U.S. 537 U.S. Supreme Court. 1896. Rpt. In Dimensions of Culture 2: Justice. Ed. Valerie Hartouni, Robert Horwitz and John Skrentny. San Diego: University Readers, 2011. 175-185. Print.
... and Martin Luther King, Jr.'s "Letter From Birmingham Jail" are very different in terms of literary technique and approach, the two works bear some uncanny similarities that yield some surprising likenesses in many aspects. The comparisons and contrasts drawn here highlight the most significant of those features with respect to the works of two men who are both revered for the virtues they espoused during their lifetimes.
Publius. "The Federalist No. 10." The Constitutional Society. October 21, 2013. Accessed February 24, 2014. http://www.constitution.org/fed/federa10.html.
Jr., Martin Luther King. "Letter from Birmingham Jail." College, Pikes Peak Community. English 121 Readings. Boston/NewYork: Bedford/St.Martin's, 2010. 112-126.
Cozzens, Lisa. "Plessy v. Ferguson." After the Civil War:. N.p., 17 Sept. 1999. Web. 23 Apr. 2014.
The “Letter From a Birmingham Jail” is a text directed to all of America in 1963, written by Martin Luther King Jr., during his stay in one of the of Birmingham’s prisons. His intention of writing an open letter was to tell the world the injustice “the white people” had done not only to him, but to all Afro-Americans. The main stimulus was a statement made by a Clergymen naming the actions and the activities of the Southern Christian Leadership Conference as unwise and untimely. However, the purpose of this letter is to show that those actions are totally wise and timely.
King, Dr. Martin Luther, Jr. "Letter From A Birmingham Jail." Letter to The Clergymen. 16 Apr. 1963. American Identities. N.p.: Wiley-Blackwell, 2005. N. pag. Print
Dr. Martin Luther King addressed many topics in “Letter from Birmingham Jail”. He answered all the issues that were aimed at him in a very skillful and well thought out manner. These issues came from “A Call For Unity”, which was a letter published by eight local clergymen expressing their feelings about what Dr. King was doing. One concern, in particular, that King did an outstanding job of confronting was that of the clergymen’s anxiety about him breaking the law. King addresses the question of, “How can you advocate breaking some laws and obeying others?”
Remy, Richard C., Gary E. Clayton, and John J. Patrick. "Supreme Court Cases." Civics Today. Columbus, Ohio: Glencoe, 2008. 796. Print.
By its use of majority rule, America’s democracy models a collectivist society. Take elections for an example. Although, Americans vote individually, the decision ultimately is based on the country as a whole. The use of majority rule relates to the representation of the ideas of the masses rather than the ideas of the individuals. As expected, there is always a number of people who disagree with the majority's opinions. Disagreement is frowned upon, which Andrew P. Naplitano highlights in his book, It Is Dangerous to Be Right When the Government Is Wrong: The Case for Personal Freedom. Due to America's use of the majority rule, this title often holds true.
King, Martin L., Jr. "Letter from Birmingham Jail." Letter to My Dear Fellow Clergymen. 16 Apr. 1963. N.p.: n.p., n.d. N. pag. Print.
Dr. Martin Luther King, Jr. was the leader of a peaceful movement to end segregation in the United States this mission led him in 1963 to Birmingham, Alabama where officials and leaders in the community actively fought against desegregation. While performing sit-ins, marches and other nonviolent protests, King was imprisoned by authorities for violating the strict segregation laws. While imprisoned King wrote a letter entitled “Letter from Birmingham Jail”, in which he expresses his disappointment in the clergy, officials, and people of Birmingham. This letter employed pathos to argue that the leaders and ‘heroes’ in Birmingham during the struggle were at fault or went against their beliefs.
...ection against the government. Others believe that courts must be more active and open to expand the ideas of liberty even if it is required to strike down the majoritarian law in order to protect the minority group from government interference.
Foner, Eric. "Chapter 9." Give Me Liberty!: An American History. Brief Third ed. Vol. One. New York: W.W. Norton, 2012. N. pag. Print.
United States v. O’Brien. 391 U.S. 367. U.S. Supreme Court. 1968. Rpt. in Dimensions of Culture 2 Justice Ed. Valerie Hartouni, Robert Horwitz, and John Skrentny. University Readers, 2011. 215-224. Print.
The ratification of the constitution does not mean that the central government will gain a lot of power and that state powers will be completely annihilated. It will instead allow for the protection of the minority against the oppression of the majority by limiting the states with certain powers. James Madison stated in his essay, The Federalist No.51, that the republic is present to “not only guard the society against the oppression of its rulers, but [also] to guard one part of the society against the injustice of the other part.” If the majority’s voice outweighs that of the minorities, a good amount of people will unable to have their voice heard and are therefore poorly represented. Many are afraid that by limiting the power of the states,