Majority Rule and Minority Rights Term Paper

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..to Controversies to which the United States shall be a Party; -- to Controversies between two or more States; -- between a State and Citizens of another State; between Citizens of different States,-between Citizens of the same State claiming Lands under Grants of different States, and between a State, or the Citizens thereof, and foreign States, Citizens, or Subjects." (Article III, Section 2, Clause 1)

This establishment of an independent judiciary to regulate disputes between individuals without resorting to a "majority rule" situation in individual disagreements created an extra protection for minority rights in individual situations. The judiciary has frequently created minority protections that are in line with the Constitution but might not be a majority public opinion yet.

One of these instances in which the judiciary used its Constitutional powers to protect a minority group against the wishes of the majority was in desegregating public schools. The Supreme Court, against significant public opinion, ruled that all races of children should attend the same public schools. This event most likely would not have happened, and definitely would not have happened when it did, if it were left up to majority opinion.

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However, the justices read that all men (including public schoolchildren) had certain rights in the Constitution, and they modeled the public school system to reflect that belief.

Another specific instance of minority rights being protected against the majority's rule is in the Amendments to the Constitution; specifically the Bill of Rights. These amendments guarantee many minority protections-free worship, a free press, free speech, rights regarding criminal charges and trials, and others-all things that might ordinarily be trumped by a majority-rule method. The Bill of Rights protects smaller groups, for example, a nontraditional religion like Santeria, against discrimination or maltreatment by the majority.

The balanced representation system of Congress, an independent Supreme Court to interpret laws, and a Bill of Rights for individuals all help balance out the needs of the majority in the U.S. with the rights that our society guarantees to minority groups and individuals. http://www.law.emory.edu/FEDERAL/usconst/connotes.html.....

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