The framers of the Constitution were visionaries who sought to establish a limited representative government which not only restricted the powers of an existing government, but also safeguarded the rights of the minority through restricting majority rule. A republic, they believed, would be the only form of government in which the liberty of the people could be preserved. Greatly influenced by the 17th century British philosopher John Locke, who advocated for the protection of natural rights of man by entering into a social contract, separation of governmental powers, and individuals’ right to consent to being governed, the founding fathers were able to incorporate such teachings into the Constitution of the United States. The American founders
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They implemented several anti-majority rules such as the electoral college system, a bicameral legislature and the judicial review process in order to safeguard minority rights and prevent “tyranny by the majority”. By creating the electoral college system, the founders ensured that the election of the president was not directly decided by majority vote but rather by well-informed representatives elected by the people This system would prevent the selection of the president based on the whims of people, allow less populous states to have a voice, and strengthen the concept of federalism, the sharing of powers between state and national government. The creation of a bicameral national legislature, a Congress composed of two separate chambers, the Senate and the House of Representatives, also eliminated future rule by the majority. In designing the republic, framers opted to have the House of Representatives elected directly by the people while senators would be elected solely by the state legislatures. While larger states desired representation based on population in order to have more power, smaller, less populous states wanted equal representation so that they would not be ruled by the majority. By establishing a bicameral legislature, the founding fathers ensured that the law making process was contemplative and not based on passionate public opinion, thereby preventing majority rule. The judicial review, the power of the Supreme Court to declare acts passed by Congress unconstitutional, also limited the power of the majority as it had the power to override the decision made by a majority in Congress as unconstitutional and prevent a bill from becoming a law. While the framers wished to observe the principle of the peoples’ will, they understood the downfalls of a direct democracy. By creating an Electoral College system, a bicameral legislature and the judicial review process, the
They implemented several anti-majority rules such as the electoral college system, a bicameral legislature and the judicial review process in order to safeguard minority rights and prevent “tyranny by the majority”. By creating the electoral college system, the founders ensured that the election of the president was not directly decided by majority vote but rather by well-informed representatives elected by the people This system would prevent the selection of the president based on the whims of people, allow less populous states to have a voice, and strengthen the concept of federalism, the sharing of powers between state and national government. The creation of a bicameral national legislature, a Congress composed of two separate chambers, the Senate and the House of Representatives, also eliminated future rule by the majority. In designing the republic, framers opted to have the House of Representatives elected directly by the people while senators would be elected solely by the state legislatures. While larger states desired representation based on population in order to have more power, smaller, less populous states wanted equal representation so that they would not be ruled by the majority. By establishing a bicameral legislature, the founding fathers ensured that the law making process was contemplative and not based on passionate public opinion, thereby preventing majority rule. The judicial review, the power of the Supreme Court to declare acts passed by Congress unconstitutional, also limited the power of the majority as it had the power to override the decision made by a majority in Congress as unconstitutional and prevent a bill from becoming a law. While the framers wished to observe the principle of the peoples’ will, they understood the downfalls of a direct democracy. By creating an Electoral College system, a bicameral legislature and the judicial review process, the