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April 27, 2005
Tyranny of a Majority
Here's a Madisonian view by Paul Von Ward
Our 4th President, Father of the Constitution and architect of the Bill of Rights, may have foreseen the current push by a religious minority to use majoritarian devices in Congress to tyrannize the rest of the country. He must have feared it when he wrote Thomas Jefferson in France from the Continental Congress on October 24, 1787. After recognizing the need for a majority in routine votes, he asked when "a majority... united by a common interest or a passion cannot be constrained from oppressing the minority, what remedy can be found...?"
Click below for other engaging opinions by Paul Von Ward:
Popes, Titles, Deference, and Power
Religion as Dogma, or Self-Renewing Beliefs?
Dealing with Religious Terrorism
Posted by wjbailes at April 27, 2005 06:06 AM
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Comments
A good historical perspective, but you're missing one important historical fact: filibuster had never been used to block nominations until the last decade or so, when obstructionist Democrats refused to allow the process of representative government to proceed. The two processes - confirming presidential nominees and passing legislation - have historically been viewed as being different. It's the Democrats, not the Republicans, that are breaking with tradition here, and given today's political climate, if any judge is going to be confirmed, it's because filibuster wasn't allowed. You think Senators Kennedy, Kerry, and Boxer are ever going to allow a Bush nominee through? Think again.
Posted by: ryan at April 27, 2005 09:12 AM
Ryan, you need to read the U.S. Senate's own website on cloture and filibustering first, especially the piece on the filibuster for a judicial nominee used in 1968 (almost four decades ago). Also read Betsy Palmer's analysis of the use of blue slips and holds as a senatorial courtesy long before more public fighting and filibustering of nominees took place. Here are the links: 1968 Filibuster and Blue Slips, Holds & Filibusters.
Posted by: Bailes at April 28, 2005 08:51 AM