Originally Posted by
UAL T38 Phlyer
Rog:
You are talking about a micro-view of majority rule.
Rick and USMC are talking about the Macro view. The view where the formalized, legal-rules of conduct for the nation (Laws) are indeed created by the majority. In a Representative Democracy such as ours, then the views and/or beliefs of the majority are supposed to be reflected by the votes of our representatives.
What Rick and USMC are saying---and I agree--is that too often in the last 20 years, votes have been cast by those representatives that do not represent the intent of the constituents. Rather, they often reflect a (noisy) numerical minority that has a majority of political power and influence. Usually, that political power is due to money (ie, campaign contributions; promise of lucrative contracts in their district, follow-on jobs), or troublesome groups that will employ highly-paid lawyers. Political Action Committees, Special-Interest Groups, you name it. The Squeaky-wheels keep getting the grease.
The lawyers can often get the courts to agree with their petition from a purely Constituional perspective, but if examined from a "Did the Founding Fathers really intend this when they created the Constitution?" perspective, the answer would be a resounding "no."
The Constitution is a surprisingly well-written document and has palpable modern-day connectivity and relevance, even nearly 250 years after it was written. But it is not air-tight; it has some loopholes.
And they are exploited.
In theory, the majority should be able to add to the Constitution through Amendments.
So yes...majority should rule. But right now, I think we are ruled by the 1%.
Phlyer;
All good points. I focused on the micro level because that's where most of the interest is. "All politics is local"- Tip O'neill. Some of my examples have no impact at the macro level, but they matter a lot to the locals that are dealing with them, i.e. how the local citizenry interprets their Rights, and also stepping back and asking, "How would the Founding Fathers have settled this local issue". All good debate stuff.