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Constitutional Republic (view source)
Revision as of 17:48, August 13, 2007
, 17:48, August 13, 2007→Limits On Government: expanded on this idea
The purpose of a Constitutional Republic is to place limits on the tyranny of the majority. [[Alexis de Tocqueville]] wrote:
The purpose of a Constitutional Republic is to place limits on the tyranny of the majority. [[Alexis de Tocqueville]] wrote:
<blockquote>If, on the other hand, a legislative power could be so constituted as to represent the majority without necessarily being the slave of its passions, an executive so as to retain a proper share of authority, and a judiciary so as to remain independent of the other two powers, a government would be formed which would still be democratic while incurring scarcely any risk of tyranny.<ref>[http://xroads.virginia.edu/~hyper/detoc/1_ch15.htm Democracy in America Chapter 15]</ref></blockquote>
<blockquote>If, on the other hand, a legislative power could be so constituted as to represent the majority without necessarily being the slave of its passions, an executive so as to retain a proper share of authority, and a judiciary so as to remain independent of the other two powers, a government would be formed which would still be democratic while incurring scarcely any risk of tyranny.<ref>[http://xroads.virginia.edu/~hyper/detoc/1_ch15.htm Democracy in America Chapter 15]</ref></blockquote>
The United States Constitution has many protections against the "tyranny of the majority":
* Congress cannot establish a religion -- Amendment 1
* Congress cannot prohibit free speech -- Amendment 1
* Congress cannot infringe on the right to bear arms -- Amendment 2
* Senators are elected by the State not the majority -- annulled by Amendment 17
* Electoral College system of electing the President
* [[habeas corpus]] shall not be suspended -- Article 1, Section 9
* No direct tax shall be placed on the people -- Article 1, Section 9 - annulled by Amendment 16
* Anything not explicitly stated by the Constitution is reserved for the states -- Amendment 10
== References ==
== References ==