Question

Difference between majority rule and minority rights with keys

Answer 1

Democracy is a way of government of the people which is ruled by the people. Democracies understand the importance of protecting the rights, cultural identities, social practices, and religious practices of all individuals. In order for the people’s will to govern, a system of majority rule with respect to minority rights has been put into place.

Majority rule is a way of organizing government where citizens freely make political decisions through voting for representatives. The representatives with the most votes then represent the will of the people through majority rule. Minority rights are rights that are guaranteed to everyone, even if they are not a part of the majority. These rights cannot be de eliminated by a majority vote. Minorities must trust that the majority will keep in mind the wishes of the minority when making decisions that affect everyone. The minority today will not necessarily be the minority of tomorrow.

The concept of majority rule and respect for minority rights is demonstrated in several places in the Constitution. The first three Articles in the Constitution identify how the people will elect representatives into the Congress and how those elected officials will then elect officials into the judicial and executive branches, thus giving direct and indirect representation to the majority. The articles also identify the duties of three separate branches of the government, the legislative, executive, and judicial branches. While each branch has its own duties; they are dependent on each other. It is the duty of the legislative branch to create a law. The judicial branch is responsible for interpreting that law and determining if it if Constitutional or not. The executive branch can veto the law, which then sends the legislative branch back to the drawing board. The above example not only shows how each branch is separate but related, it also shows how the different branches act as a check and balance system for one another. It is through the checks and balances system that the framers ensured that each branch would be fair and efficient.

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. The first way is through the Congress passing a proposal, with a two-thirds vote, to the states to ratify. The amendment is ratified when approved by three-fourths of the states. The other way is through a national convention. This is where two-thirds of the states petition Congress to propose amendments. The proposal still has to receive a three-fourths vote by the states. This Article allows the people to make changes to the Constitution throughout time as the majority and minority positions change.

Two other places the Constitution addresses majority rule and minority rights are in Article VI of the Constitution and the First Amendment. Article VI ensures that the Constitution, federal laws, and treaties take precedence over state laws. This Article binds all judges to abide to the same principles in court. This Article ensured that the majority rule of the nation trumped the majority will of the individual states. The First Amendment gives all citizens basic rights. It is through these rights that the minority stays protected. The right to free speech and the right to assemble allow the minority to be heard, which gives them the opportunity to grow and become the majority.

There are several instances in which the concept of majority rule with respect to minority rights has played a significant factor in American government and policy. One example is the case of Plessy v. Ferguson 1896. In this case Homer Plessy, a man who appeared white, but was one-eighth black, was arrested in Louisiana for sitting on the white railroad car and refusing to move to the black railroad car (Zimmerman, 1997). According to Louisiana law, all persons with a black blood line, regardless of how small, were to be considered black and must be segregated from the white people. After being released from prison, Plessy took his case to the US Supreme Court. The court decided that there could be segregation as long as long as it was of equal standards. This case demonstrates the will of the majority to allow for segregation as well as protecting the minority by requiring “equal standards".

Answer 2

Majority is a system of organising government wherein people openly take political decisions by voting for representatives. The majority members represent the will of the people in the majority. Minority rights, although not part of the majority, are rights guaranteed for all. The majority voting can not remove those rights. Minorities have to rely on the majority to take decisions that affect everyone to keep in mind the desires of the minority.

Explanation:

• For a democratic government, majority rule with regard to minority rights is essential. This process permits citizens, while following the direction of the majority, to preserve their individual rights. It also encourages people to make legislative changes as culture, the majority and minorities change.
• The principle of majority rule has a number of functions. In one instance, it sets a clear mechanism for decision making. A majority of 50 percent plus 1 decide on an issue or question.This ensures that when decisions are made more people are in favor than against.   If decisions are taken by slim majority, the outcome may seem unfair to the "almost majority" on the other hand, but both in ensuring that decisions can be taken and that minority groups can not prohibit a majority from selecting an issue or an elections are important concepts of majority rule. Otherwise, a minority holding social, political, and economic power would use its power to dominate the majority of the citizens, thereby instituting the antithesis of democracy: minority rule.
• Nevertheless, majority rule is not the only concept in a democracy of "supreme power." The majority would tyrannize the minority too quickly, just as a single dictator would. There is therefore no doubt that democracy needs to guarantee the expression of popular will by majority rule, but it must also ensure that the majority does not abuse its power to violate minority's fundamental and inalienable rights. Firstly, the right of the people to change majority–and government policies–through elections is a defining characteristic of democracy. The supreme authority of the people is this right. The minority should thus have the right to seek to become majority voting and have all the rights required for elections to be fair–voice, assembly, association, petition–otherwise the law becomes permanent and the majority becomes a dictatorship.
• For the majority, protecting the right of the minority is an issue of self-interest in the future, because it has to use the same rights in a minority that wants to become a majority again. In a multi-party parliamentary democracy, this is exactly the case, because there is still a coalition between a government and a majority of members of parliament.
• As a result, democracy requires minority rights in the same way as it govern by majority. Indeed, as democracy nowadays is known, rights of the minority must be secured regardless of the degree to which a minority is alienated from majority society
• The essence of democracy is majority rule and by the vote of more than half of all voting in elections, binding decisions are made. Nevertheless, constitutional democracy today requires majority rule with the rights of minorities