I completely understand the reasonable fear of an oppressive minority, but do you think there should be some kind of check against extreme minority views opressing the general poppulation? If so, where would we draw the line?
2006-12-13 07:47:52 · 11 answers · asked by Anonymous in Politics & Government ➔ Politics
Steve: How do we define those liberties and then who gets to interpret them? The majority or the minority?
2006-12-13 07:52:35 · update #1
We cannot put the fundamental liberties of any group, no matter how small, to a popular vote. Even if there are only a dozen people of Laotian descent, for example, the majority cannot vote to enslave those twelve people.
The question, then, is what precisely constitutes "fundamental liberties," and that is well answered by the constitution. The nation, even as a result of a popular vote, cannot force any group (minority or otherwise) to lose its freedom of speech, religion, right to bear arms, and all the rest.
Of course, it gets tricky when fundamental rights seem to conflict. I suspect where you're aiming this question is at religion (though I could be wrong), and this is one such conflicting area. So, to take the hypothetical of mandatory school prayer, we can see the question: does refusing to force children to pray constitute a violation of their right to freely practice religion? Personally, I'd say no. And, from the other perspective, I'd suggest that forcing a particular religious prayer on a student of a different faith clearly does his/her right to freely practice religion.
So, in this instance, we're simply asking if government sponsorship is a requirement of any religion, and I'd have to say no. So I don't think refusing such sponsorship violates anyone's rights.
EDIT:
To answer your question about who gets to define those rights: According the laws of our nation, it is the courts, and ultimately the Supreme Court, who decide exactly how the constitution applies to particular instances. Of course, the courts are appointed by presidents, who are elected (mostly) by popular vote, so indirectly at least, the majority is interpreting the constitution.
2006-12-13 07:50:50 · answer #1 · answered by Steve 6 · 1⤊ 2⤋
Depends on what you mean by "minority will". If you're talking about civil rights, voting rights etc., then yes, the minority wins out. Example: Voting rights act, civil rights advances in the 60's.
A minority of people own guns but I certainly believe that they have every right to own them.
If you're talking about other things, then likely no.
Our country (USA) is founded on the principles that majority rules but that the minority is also protected from tyrany, injustice, etc. If you believe in the principles of the constitution, then you are for these things. There are certainly limits and a need of balance of course. But demaracies are messy, so that balance and lmit is always debated and sometimes goes awry.
And some of the things mentioned in this threat have def. come up by a majority-- God in the pledge - came from Eisenhower (if I remember correctly). god on our money. I'm ok with both but sometimes majority wins and it needs to win.
2006-12-13 15:52:50 · answer #2 · answered by dapixelator 6 · 2⤊ 1⤋
some how the PURSUIT of life liberty and happiness has been distorted to mean EVERYONE is GUARANTEED these rights. Its a major fallacy in that guaranteed rights for some will oppress other peoples rights.
2006-12-13 16:27:40 · answer #3 · answered by CaptainObvious 7 · 2⤊ 0⤋
the line is the constitution. Basically you should have the right to do anything which doesn't violate the constitional rights of someone else. I know judges have watered down the meaning of this to include practically anything but the constitution means what it means. Stupid people can't be helped.
2006-12-13 15:55:52 · answer #4 · answered by John L 5 · 2⤊ 0⤋
we were taught in school that in a democratic society that the majority ruled , some how that got screwed up and now the minority rules, nowhere dd it say anyone could mistreat or abuse the minority but why the hell should every one haft to bow to the minority,
2006-12-13 15:58:37 · answer #5 · answered by Anonymous · 1⤊ 1⤋
As in Gay marriage, God on Money, Boy Scouts in Schools, School Vouchers, The N-word use.
Oh sorry I got confused as the Majority doesn't rule any more just special interest and anti-America ACLU lawyers
2006-12-13 15:54:45 · answer #6 · answered by Deport all ILLEGAL Alien INVADER 3 · 2⤊ 3⤋
we should all never leave our houses and stay in a little box. that way everyone wouldn't be so worried about stuff like that.
2006-12-13 15:51:26 · answer #7 · answered by dbobb 3 · 1⤊ 1⤋
yes
2006-12-13 15:52:49 · answer #8 · answered by ? 6 · 0⤊ 2⤋
hmmmm get back to u on that later bro
2006-12-13 15:49:33 · answer #9 · answered by A 6 · 0⤊ 3⤋
no absolutely not.
Majority wins is how it should be.
2006-12-13 15:49:47 · answer #10 · answered by RustyOwls 3 · 1⤊ 2⤋