majority rule

In US politics, the democratic principle that the majority determines policy. Although the US Constitution recognizes majority rule, it seeks to ensure that the majority may not unreasonably infringe on the rights of the minority. In the tenth of the ‘Federalist Papers’ (a series of 85 newspaper articles supporting federalism 1787–88), James Madison discussed at length the problems associated with the tendency of a majority faction to override the legitimate interests and rights of a minority.

Due process of law in the Fifth and Fourteenth Amendments to the US Constitution has been used by the judiciary as a means to prevent the tyranny of a majority. The Fifth Amendment (enshrined in the Bill of Rights 1791) allows a defendant the right to refuse to testify against him or herself, and prohibits a second trial for an offence of which a person has been acquitted. The Fourteenth Amendment (1868) defines citizenship, and gave US citizenship to African Americans and former slaves (see Amendment, Fourteenth)