The American founders held that unrestricted majority rule is the principle of modern tyranny, just as unrestricted one-man rule is the principle of ancient tyranny.
But how to prevent majority rule from being unjust?
The founders did so through several block and tackle measures designed to limit and frustrate majority rule. I count at least 8.
- They adopted a Constitution. The Constitution creates a framework for limited government which is to say, the authority of federal government covers enumerated areas but no others. Outside of those, the government has no authority.
- The Bill of Rights, later added to the Constitution. This roster contains series of limitations on government that typically begin, "Congress shall make no law." Admittedly, the Constitution can be amended but the process is so onerous (complicated) that it requires something approaching (full agreement) unanimity for this to occur.
- Judicial review, The Supreme Court has independent authority to enforce the Constitution and to protect the rights of citizens against the will of the majority.
- Representative Government. (Congress) What this means is that the people do not rule directly; they rule by electing representatives who govern in their stead. Madison counted this practice-a radical departure from the direct democracy of the ancient Athenians-as the distinguishing mark between a "democracy" and a "republic."
- Separation of powers. Here power is divided between an elected legislature (congress) charged with making laws, an elected executive (presidency) charged with enforcing them and an appointed judiciary (courts) empowered to resolve legal disputes.
- Federalism: This divides power between the national government and the states.
- Checks and balances: This means that in addition to dividing power, there is mutual oversight. Congress has the power to make laws, but the president can veto (cancel) them and vetoes can be overridden only by congressional supermajorities.
- Electoral College and the two branches of the legislature, the House and the Senate. The Electoral College ensures that a few large states cannot by themselves decide the presidency. Small states have fewer congressional representatives than large ones in proportion to size, but all states small and large, have two Senators, creating a parity among states in that branch of the legislature.
What does all this mean? It means that America was designed to foster a spirit of freedom and enterprise among its people and to prevent majority rule from tyrannizing that spirit.
To learn more about the Electoral College and Republic vs. Democracy, please watch the next two videos: