So the government that controls the people is, through majority rule, selected by the people. But who controls the government? The American answer to this question is: the Constitution. Once again, the American solution can be contrasted with English practice. England has no written constitution; instead, English law is based on a common law that has evolved over the centuries. The American Founders, however, adopted a Constitution which is a “higher law,” a law that trumps even majority rule. Why is such a law necessary? When governments are given power through a democratic process, why do they need to be restricted and over-ridden by a higher law? The reason is that the American Founders recognized the limits of majority rule.
Posted on: Mon, 27 Oct 2014 16:14:04 +0000
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