Category Archives: Tyranny of the Majority

Tyranny of the Majority? More like Tyranny of the Minority

I want to first start this off by saying that this post isn’t about minority races or ethnic groups, this about the very small portion of Americans who control vast amounts of wealth and political power. This blog post is … Continue reading

Posted in Democracy, Tyranny of the Majority | 12 Comments

Voter ID Laws: a Vicious Positive Feedback Loop

While they may have faded into the background during the absurdities of the first few weeks of the Trump Administration, let’s refocus ourselves on a few of our new POTUS’ recent tweets. I will be asking for a major investigation … Continue reading

Posted in Tyranny of the Majority | Tagged , , | 7 Comments

The Consequences of Not Exercising…Your Rights!

Judith Shklar’s argument about the importance of voting in American Citizenship focuses primarily on suffrage as a form of societal standing. She leaves some conclusions undeveloped, particularly with regards to why American voter turnout is and has been low in spite … Continue reading

Posted in Shklar, Tyranny of the Majority | Tagged , , , | 7 Comments

Lincoln’s “Perpetuation” Speech: In the News

Check out “The Man the Founders Feared” for a shout out to Lincoln’s “The Perpetuation of Our Political Institutions.”

Posted in Antifederalists, Factions, Federalists, Lincoln, Madison, Tyranny of the Majority | Leave a comment

Sherbert, Peyote, and Contraceptives: The Right to Free Exercise

Prior to 1990, the standard for Free Exercise claims, known generally as the “compelling interest test” (also known as the Sherbert-Yoder test from the cases that set the precedent), was much more deferent to the religious rights of individuals. This … Continue reading

Posted in Constitutional Interpretation, Rights, Scalia, Supreme Court and Social Reform, Tyranny of the Majority | Tagged , , , | 3 Comments

Team Brennan: Textualism v. Contemporary Ratification

During a class discussion on the interpretation of the Constitution, a student humorously stated that as long as the Supreme Court’s decisions were in alignment with their own views, then the process of how the Court came to that decision … Continue reading

Posted in Brennan, Constitutional Interpretation, Privacy, Scalia, Tyranny of the Majority | 14 Comments