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The founding fathers of the United States Constitution suspected that through democracy, a government ruled by the majority, the majority could easily become tyrannical in its usage of unrestricted power. That is, in denying or denoting the rights of certain minority groups. These fathers included Thomas Jefferson who stated in his 1801 Inaugural Address for President of the United States, “All, too, will bear in mind this sacred principle, that though the will of the majority is in all cases to prevail, that will to be rightful must be reasonable; that the minority possess their equal rights, which equal law must protect, and to violate would be oppression.” Despite the possibility of defying majority rule resulting in some disastrous upsets, the government's most ardent responsibility should lie more in its responsibility to protect minority rights rather than to abide by majority rule. Since, of any possible outcome, the worst would be a situation in which a minority group is denied rights, not due to simple social complication, but instead due to a general lack of government protection.
While a democracy is based on majority rule, minority rights must not be disregarded. One of the principles of democracy includes a minority receiving equal opportunity to become a majority, and thereby providing competition for the majority of the time. Competition has potential to force a majority to become a minority, needing the protection of its rights to provide opportunity for it to become a majority again. Furthermore, the smallest minority is the individual. By protecting minority rights from majority oppression, the individual is protected and vice versa. For example, individual rights of expression and speech ...
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...certain minority group: african-americans.
Yarbrough, Tinsley. "U.S. GOVERNMENT > Introduction to the U.S. System > Democracy Papers ." ç¾åå¨å°åæ - é¦é . N.p., n.d. Web. 21 Oct. 2013.
Yarbrough intimately and accurately describes the trials of the “African American Experience”. These trials include, but are not limited to slavery, denial to suffrage, and the retraction of equality through governmental policy. Yarbrough is thorough in the description of this experience, refusing to allow sheer opinion to even decimate fact. He “African American Experience” is a big part of minority rights being that african americans’ entire “experience” consisted of the government failing or prevailing in protecting their basic rights guaranteed by the constitution of the United States.
James Madison once said,” All men having power ought to be distrusted.” Through these words, Madison made the statement that not all government officials use their authority for good; some abuse that power and use it to gain more for themselves rather than vesting it within the people. This issue may lead to tyranny. Tyranny is when all powers belong to only one person or group. In May of 1787, the Constitutional Convention was held in Philadelphia to draft a better constitution. One of the topics that concerned many was how the constitution would guard against tyranny. Madison and the other delegates wanted a Constitution that would be strong enough to unite the states and the people together without letting there be one person or group gain too much power. They achieved this in several ways. Today, the U.S. Constitution guards against tyranny by including a separation of powers, federalism, and the fair representation of states.
“We hold these truths to be self-evident, that all men are created equal, that they are endowed, by their Creator, with certain unalienable rights, that among these are Life, Liberty, and the pursuit of Happiness.” These were the mighty words that Thomas Jefferson wrote down he developed his portion of the Declaration of Independence. Some people do not recognize Thomas Jefferson as one of the founding fathers, with other names like Ben Franklin and John Hancock being thrown around the room, but yet we should see him as the most important one. Thomas Jefferson was assigned to make a draft for the document. He chose to talk about how all men are equal and everybody deserves life, liberty, and the pursuit of happiness. The declaration of independence is one of the most important documents in history and made all men equal, meaning one race is not superior to another. This influenced the public by making the black race have hope because now, they could see that one day they would be just as equal as...
The men who wrote the American constitution agreed with Thomas Hobbes that humans were naturally evil. Therefore, they agreed that in order to prevent a dictatorship or monarchy, the citizens should have influence in the government. The writers wanted a more ideal constitution, but they realized evil human motives would never change. One of the main goals of the constitution was to create a balanced government that would allow the citizens to prevent each other from being corrupt. The writers wanted to give citizens liberty, but they did not want to give people so much liberty that they would have an uncontrollable amount of power. The writers agreed that a citizen’s influence in government would be proportionate to that individual’s property.
Lowi, Theodore, Benjamin Ginsburg. American Government: Freedom and Power. W.W. Norton & Company, New York: 1998.
Berry, Jeffrey. Goldman, Jerry (2008). The Challenge of Democracy (9th ed.). Boston; New York: Houghton Mifflin Company. Linder, Doug (2007).
Barker (2014, p.1) suggests that the law may be defined as a rule of human conduct, imposed upon and enforced among the members of society in which laws are inaugurated to ensure that social order continues. As a result, laws ensure that members of society may live and work together in an orderly manner by following the same rules. However, laws have different affects on individual members in society and from this point of view, this essay will focus on how laws in society affect individuals in minority and disadvantaged groups.
Democracy stresses the equality of all individuals and insists that all men are created equal. Democracy does not persist on an equality of condition for all people or argue that all persons have a right to an equal share of worldly goods. Rather, its concept of equality insists that all are entitled to equality of opportunity and equality before the law. The democratic concept of equality holds that no person should be held back for any such arbitrary reasons as those based on race, color, religion, or gender. This concept of equality holds that each person must be free to develop himself or herself as fully as he or she can or cares to and that each person should be treated as the equal of all other persons by the law. We have come a great distance toward reaching the goal of equality for all in this country, but however close we are we are still at a considerable distance from a genuine universally recognized and respected equality for all. I will go into more details giving more information and making it clear to understand equality and civil rights for all and it affects everyone.
During the construction of the new Constitution, many of the most prominent and experienced political members of America’s society provided a framework on the future of the new country; they had in mind, because of the failures of the Articles of Confederation, a new kind of government where the national or Federal government would be the sovereign power, not the states. Because of the increased power of the national government over the individual states, many Americans feared it would hinder their ability to exercise their individual freedoms. Assuring the people, both Alexander Hamilton and James Madison insisted the new government under the constitution was “an expression of freedom, not its enemy,” declaring “the Constitution made political tyranny almost impossible.” (Foner, pg. 227) The checks and balances introduced under the new and more powerful national government would not allow the tyranny caused by a king under the Parliament system in Britain. They insisted that in order achieve a greater amount of freedom, a national government was needed to avoid the civil unrest during the system under the Articles of Confederation. Claiming that the new national government would be a “perfect balance between liberty and power,” it would avoid the disruption that liberty [civil unrest] and power [king’s abuse of power in England] caused. The “lackluster leadership” of the critics of the new constitution claimed that a large land area such as America could not work for such a diverse nation.
The Founders built certain protections for individual rights into this country's founding documents. The United States Constitution was one such document. In particular, such protections guard Americans who hold minority viewpoints from those who side with the majority. For example, the First Amendment protects the right of free speech to ensure that people who hold unpopular views have just as much freedom to express those views as do people who tend to agree with the majority. The United States Constitution, therefore, was intended to protect the individual rights of Americans from a tyrannical government and majority. However, today, the Electoral College does not represent the vibrant democracy into which the United States has grown.
The United States is run by a democracy. There are many pieces to democracy that must be in good health in order for democracy to be effective and work. In this essay I will critique some of the most important parts of democracy in America and go deeper. I will first focus on the strengths of United States democracy and then I will dive into categories of democracy that I believe to not be thriving. I believe that the current conditions of United States democracy are becoming a hindrance to this nation, because the opinions and freedoms the public possess are being stripped away through poor media, education, and economy.
With the creation of factions, self-interest groups, there is the inevitable creation of both majority and minority groups. The majority and minority within the ideal democracy are to hold equal influence; however, this is not the case. As a result, the common good of the whole is hidden behind interests of majority groups with fixed aims. Therefore, the views of minorities are frequently disregarded, consequently leading to suggested policies/alterations not being put into practice. As suggested and stated by Mr. Magnotti and James Madison, the causes of factions and factions themselves cannot be destroyed, nevertheless, they can and should be controlled. This control would allow for the equal weighting of both the majority and minority groups’ views, preventing the overpowering of majorities, as advocated by Madison in his writing, “the majority, having such coexistent passion or interest, must be rendered, by their number and local situation, unable to concert and carry into effect schemes of oppression.” This idea of oppression represents the destruction of the democratic ideal of equality, due to the unequal distribution of power. In the idealized democracy, groups of people with shared ideals, re...
"Democracy and the Origins of the US Constitution." Democracy and the Origins of the US Constitution. N.p., n.d. Web. 31 Mar. 2016. http://www.sullivan-county.com/bush/constitution.htm
People have their own perspective of a government that they envision for their people. Thomas Jefferson has been the president of the United States and ruled under a monarch. Jefferson couldn’t tolerate the abuse from a monarch, so he rebelled against the British crown. In 1776, Thomas Jefferson wrote The Declaration of Independence, and declared the colonies were free from British rule. Before he became the author of The Declaration of Independence, Jefferson was established “ as an ardent republican and revolutionary” (Jacobus 77). Jacobus states Jefferson is, “one of the most versatile Americans of any generation” (Jacobus 78). In The Declaration of Independence, Jefferson and the founding fathers envisioned a government that would govern the people, and the people would be free. The people must be governed with rights, Jefferson implies it’s the government’s duty to guide and secure the people, therefore, he believes the government’s obligation to the individual is more important than the individuals obligation to the state.
Here the government was instituted only by “consent of the governed”, making it clear that Jefferson thought that the only way a ruler or ruling body could be seen as legitimate was if they were elected by the people (Cummings 2015, 64). This was a direct critique of the British King’s rule over the Colonies. For Jefferson, not only was British rule oppressive but also completely illegitimate as it was a system of rulership that did not source its power from the people (Cummings 2015, 65). In addition, the introduction of popular sovereignty as a core governing principle also lent itself to the idea of limited government. If the government “derviv[ed] their just powers” from the people, not from divine authority, as it was with Britain and other monarchies, then it followed that the government would only be able to exercise powers in the areas allocated by the people and, therefore, would be limited to their purview alone (Cummings 2015, 64). This was an important point because it ensured the America would never be under the illegitimate rule of a tyrant again. This idea directly connected to the final important principle of government the Declaration laid out; the right to revolution. If a government had become “destructive of these ends”, such as failing to protect the people’s rights or abusing the
There are many differences between majority rule and minority rights. One of the big differences between the two is majority tyranny. This is when the majority violates the rights of minority’s. When the majority thinks they are in the right they may happen to pass judgment or abuse the minorities who opposes them. Majorities for a long time believed that political equality and political liberty doesn’t belong to the minorities. Minorities believed they have the right to speak or participant in whatever function they believed in.