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09/08/2019

how do checks and balances limit majority rule in the U.S. Constitution?

QUESTION
how do checks and balances limit majority rule in the U.S. Constitution?
??? very detailed answers are much appreciated im struggling for my essay

ANSWER
One very powerful check on majority rule and one of the few remaining is the process to elect a President. A majority of states can overrule a democratic majority of people.

It does this most effectively under the procedure the states represented in Congress would use in the event Congress is called upon to settle the question of who will sit in the Oval Office.

In Congress, each state gets one vote, regardless of the population of the state.

Of course, another is the Bill of Rights, which places our individual rights beyond the touch of any majority and keeps them independent from the outcome of any election.

One check on majority rule was diminished by the 17th Amendment, where US Senators selected by state legislatures to provide a balance of power between state governments and the federal government was surrendered by the states to popular elections by people at large.

This was an important check on Federal power as it is through the Senate, originally populated by Representatives of state legislatures, the entities that chartered the Constitution, is where Supreme Court nominees must go.

Another important but diluted check was the “necessary and proper” clause where the intent was to make the Constitution the arbiter of what was proper for government to do, not a majority in Congress or the Court, regardless of how necessary either regarded the action to be.

Another check is the Amendment process, where it takes a supermajority of states to change the Constitution. It can’t be done by a simple popular majority vote and it is absolutely not necessary for a majority of people to live in that supermajority of states. Currently about 60% of the population resides in about 12 states. Those 12 states with 60% of the population, even if they formed a rock solid coalition of states, would still fall far short of the number required to amend the Constitution.