Minority Rights Majority Rule

Minority Rights, Majority Rule seeks to explain a phenomenon evident to most observers of the US Congress. In the House of Representatives, majority parties rule and minorities are seldom able to influence national policy making. In the Senate, minorities quite often call the shots, empowered by the filibuster to frustrate the majority. Why did the two chambers develop such distinctive legislative styles? Conventional wisdom suggests that differences in the size and workload of the House and Senate led the two chambers to develop very different rules of procedure. Sarah Binder offers an alternative, partisan theory to explain the creation and suppression of minority rights, showing that contests between partisan coalitions have throughout congressional history altered the distribution of procedural rights. Most importantly, new majorities inherit procedural choices made in the past. This institutional dynamic has fuelled the power of partisan majorities in the House but stopped them in their tracks in the Senate.

Examines the influence of precedent on the behavior of the US Supreme Court justices.

Today, many votes are decided by majority rules. Likewise, many people are protected by minority rights. This book examines both concepts, explains what they mean, what the Constitution says about them, and how they can be practiced in everyday situations.

This book offers a thematic study of key debates in the history of the ethnic politics, democratic governance, and minority rights in Nigeria. Nigeria provides a framework for examining the central paradox in post-colonial nation building projects in Africa – the tension between majority rule and minority rights. The liberal democratic model on which most African states were founded at independence from colonial rule, and to which they continue to aspire, is founded on majority rule. It is also founded on the protection of the rights of minority groups to political participation, social inclusion and economic resources. Maintaining this tenuous balance between majority rule and minority rights has, in the decades since independence, become the key national question in many African countries, perhaps none more so than Nigeria. This volume explores these issues, focusing on four key themes as they relate to minority rights in Nigeria: ethnic and religious identities, nationalism and federalism, political crises and armed conflicts.

This book conclusively demonstrates that direct democracy—institutions like the ballot initiative and the referendum—endangers the rights of minorities and perpetuates a tyranny of the majority. While advocates of direct democracy advocate that these institutions protect citizens from corrupt lawmakers beholden to special interests, Daniel Lewis’s thorough investigation shows how such mass participation exposes minority groups to negative policy outcomes favored by only a slim majority of voters. Some would argue that greater democratic responsiveness is a positive outcome, but without the checks and balances of a representative, separated powers system that encourages deliberation and minority representation, minority rights are at increased risk under direct democracy institutions. While research has been presented that supports both sides of the debate, the existing literature has yet to produce consistent and compelling evidence in favor of one side or the other. This book undertakes a comprehensive examination of the "tyranny of the majority" critique of direct democracy by examining a host of contemporary American state policies that affect the rights of a variety of minority groups. By assessing the impact of direct democracy on both ballot measures and traditional legislation, the book provides a more complete picture of how citizen legislative institutions can affect minority rights, covering a myriad of contemporary (and sometimes controversial) minority rights issues, including same-sex marriage, affirmative action, official English, hate crimes laws, racial profiling, and anti-discrimination laws. The book is unique in its approach and scope, making it compelling for scholars interested in direct democracy, state politics, minority politics and electoral institutions, as well as American politics generally.