The Courts Should Not Have The Right To Make Legislation That The Majority Of People Do Not Approve Of

680 words - 3 pages

The Courts Should Not Have the Right to Make Legislation that the Majority of People Do Not Approve Of

Democracy is defined by Merriam - Webster's dictionary as "government by the people; especially: rule of the majority." America was founded to protect individual's rights and freedoms from being violated by the government. Our Constitution and the Bill of Rights were specifically written to limit the powers of the government. The courts should not have the right to make legislation that the majority of people do not approve of.

When interpreting the Constitution, one must consider its originalism. That is, you must consider the author's original intent in writing it. Thomas Jefferson, an author of the Constitution, favored the will of the majority of people. "Not only does majority rule ensure that the least number of people are going to be dissatisfied, but the constitution further protects the rights of the minority, telling the majority what it cannot do to tyrannize the minority" (Kangar)

America has been established to be ruled by the majority. It is more important to protect the rights of the majority, since they provide more votes, tax money, and make up more of the population. The Constitution was written and allowed for the citizens to be able to vote for their leaders. We vote for people to represent us and voice our opinions. Therefore, the law should correspond with the will of the majority. If we were voting for leaders to represent us, why would they want to protect someone else's opinion other than our own?

Some people argue that the minority's individual rights are violated when the majority is given favor. However, our Constitution has provided for their protection. During Thomas Jefferson's inauguration speech in 1801, he said, "Bear in mind this sacred principle, that though the will of the majority is in all cases to prevail, that will, to be rightful, must be reasonable;...

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