shouldn't majorities decide everything
[Music]
the problem is democracy and majority
rule are not synonyms majority rule is a
way of choosing democracy is a system
that ensures government is responsive
both to majorities and to individuals
that's why democratic constitutions have
two parts first the domain or proper
limits on what we can decide
collectively and second the process by
which we will decide the problem if we
choose majority rule is that the
majority may want to decide everything
not just the issues in the proper domain
set out by the Constitution let's look
at two examples the French Declaration
of the Rights of Man was written in
August 1789 most people would say that
the French were creating a democracy but
look at their protection for freedom of
religion speech and the press no one is
to be disquieted because of his opinions
even religious provided their
manifestation does not disturb the
public order established by law free
communication of ideas and opinions is
one of the most precious of the rights
of man consequently
every citizen may speak write and print
freely subject to responsibility for the
abuse of such Liberty in cases
determined by law rules like this can't
possibly limit majorities these rights
say you can say or do anything that
isn't against the law what kind of a
protection is that the American Bill of
Rights was written less than a month
later September 1789 here's the First
Amendment Congress shall make no law
respecting an establishment of religion
or prohibiting the free exercise thereof
or abridging the freedom of speech or of
the press or of the right of the people
peaceably to assemble and to petition
the government for a redress of
grievances that's an explicit protection
against the majority not don't break the
law but don't make the law some
individual choices are protected from
government interference even
instances where the majority of people
would disagree with those choices but
this distinctly American conception of
protections against majorities has been
eroded in the years since that summer of
1789 our courts have generally
protective political and religious
freedoms but some other individual
freedoms like the economic freedom that
the founders would have held to be just
as important have been systematically
gutted pick a recent example the 2005
Supreme Court case of kilo vs. New
London ms kilo had an old house in an
old section of New London Connecticut a
private real estate developer offered MS
kilo money for her house because he
wanted to build on the land but she said
no she didn't want to sell the developer
could have tried to pay her more to
convince her to sell voluntarily but he
had a better idea he went to the City
Council and convinced the elected
officials that everyone will be better
off if the house were torn down and
condos were built since the majority of
citizens preferred the greater tax
revenue the City Council voted yes miss
kilo tried to fight the decision and
took her case to the Supreme Court and
how did the Court Rule well the Bill of
Rights says private property shall not
be taken for public use without just
compensation this was clearly not a
public use the city was being asked to
take miss kilos private property and
give it to another private party the
developer so that should have answered
things pretty clearly right wrong the
Supreme Court found that the City
Council was justified because the
increased taxes would serve a public
purpose so in the spirit of benefiting
the majority the court declined to
protect an individual right but that's
wrong the government has to protect the
individual and her property even if the
majority wants something else that's an
essential part of the US Constitution
and of our democracy without it we just
substituted the tyranny of a king for
the tyranny of a larger group
when majorities always win each of us
loses it's important not to confuse
majority rule with a just democratic
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