Fortunately, we don't live in a Democracy, we live in a Republic.
I seem to recall a Republic is a "representative democracy"; it is still a democracy but the people no longer vote directly; the "checks and balances" built into our system have little to do with elected legislators (witness the Republican Congress, House and President) as they have to do with the distribution of power between the branches of government. That is why it is necessary to change the State Constitution to change the status of same-sex marriage here; the Legislative branch cannot directly overrule the Judicial.
The so-called "Tyranny of the Majority" isn't prevented here; neither is the Tyranny of the Minority; the balance between those comes from the specific Constitution in place. Prohibition was clearly the Majority inflicting its belief on everyone; nothing prevented it.
Which 2/3 are you referring to?
I was under the impression that to amend the state Constitution required a 2/3 majority vote on a referendum but I could be wrong (hence the question mark). The idea is that changing the Constitution is important enough that it requires more than a majority, it requires an overwhelming one (for some definition of overwhelming).
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momijizukamori
no subject
Date: 2007-06-15 06:26 pm (UTC)I seem to recall a Republic is a "representative democracy"; it is still a democracy but the people no longer vote directly; the "checks and balances" built into our system have little to do with elected legislators (witness the Republican Congress, House and President) as they have to do with the distribution of power between the branches of government. That is why it is necessary to change the State Constitution to change the status of same-sex marriage here; the Legislative branch cannot directly overrule the Judicial.
The so-called "Tyranny of the Majority" isn't prevented here; neither is the Tyranny of the Minority; the balance between those comes from the specific Constitution in place. Prohibition was clearly the Majority inflicting its belief on everyone; nothing prevented it.
Which 2/3 are you referring to?
I was under the impression that to amend the state Constitution required a 2/3 majority vote on a referendum but I could be wrong (hence the question mark). The idea is that changing the Constitution is important enough that it requires more than a majority, it requires an overwhelming one (for some definition of overwhelming).