November 28th, 2009 4:13 pm
How did the original concept of the Electoral College reflect the Founders’ distrust of democracy? What other constitutional features limited the role of popular majorities?
Tags: Constitutional, Features, Limit, Majorities, Popular, Role, What
November 28, 2009 at 10:27 pm
The Bill of Rights establishes legal Rights that cannot be overruled even by a popular majority. For example, even if 99% of the population ‘feels’ that ‘reasonable’ gun control laws should restrict you, the Constitution specifically states that your Right to keep and bear arms cannot be ‘infringed’ – in any way.
The First Amendment prohibits government from restricting religious expression. Even if a popular majority feels ‘offended’ by a Christmas Tree display in a school, the Constitution prohibits interference with that religious expression just as it does with other forms of free speech.
Not that Government is obeying the Constitution these days.
The Electoral College ensures that every State has a say in the elections, so that demographically, the rural states have their views represented also. Otherwise, just two or three cities in this country would completely control the elections and the rural folks would be left out due to the overwhelming populations of those cities.
November 28, 2009 at 11:00 pm
The problem with a popular majority is the fact that only slightly over half of people must support something. This could actually hurt the other half of the population. The concern is that minority rights would be diminished or eliminated if the majority wishes.
The Electoral College is one example of this, but I don’t think it is the most important example. Having two houses of Congress limits the power of a popular majority, especially since Senators are only elected every six years on alternating years (it is impossible to replace more than one third of the Senate in any election cycle).
The requirement of a super-majority (66% favor) to override a Presidential veto is another example. The appointment of Supreme Court justices and the requirement of Senate confirmation also limits popular majority power.
Probably the most important limitation on majority power is the Bill of Rights which guarantees certain rights and liberties. The fourteenth and fifteenth amendment apply these rights to all citizens and gives the federal government the right to pass legislation to enforce minority rights.
November 29, 2009 at 5:22 am
the electoral college was created by the founders so they could be sure that in case there was a candidate which was appointed by the poor that they would have a tougher time weeding their way into the system
they wanted the rich and not the poor to be in control, they themselves were rich after all
the Connecticut plan in a way limited popular majorities in aspect to its installment of the upper house and its basis of equal representation