The Omnipotence and Tyranny of the Majority

Key Insight

The essence of democratic government is the absolute sway of the majority, a power often artificially amplified in American constitutions through direct, short-term legislative elections and the concentration of government authority in the legislature. Customs, like binding mandates, further ensure representatives conform to the majority's will. The moral ascendancy of the majority rests on the belief in collective enlightenment and the principle that the interests of the many outweigh the few. With no 'natural and permanent conflict' among equals in America, all parties readily accept majority rights, hoping to one day wield them, leading to an irresistible force that 'crushes' dissent without pause.

This omnipotence, however, leads to profound dangers, particularly legislative and administrative instability. America exhibits the 'shortest' duration of laws globally, with most state constitutions amended within thirty years. This allows democracy to indulge its 'natural penchant toward instability' in lawmaking. In administration, the majority's singular focus leads to enthusiastic but unsustained efforts; once attention shifts, projects languish. For instance, prison reform saw new facilities built, but old prisons deteriorated due to neglect, resulting in a juxtaposition of 'durable monuments to the sweetness and light' alongside 'dungeons reminiscent of the barbarity of the Middle Ages.'

The greatest danger is the 'tyranny of the majority.' While the origin of power lies in the majority's will, justice, a universal law, sets its limits. Granting 'omnipotence' to any power, be it king or people, is inherently dangerous, as only God can be all-powerful without risk. In America, there is 'virtual absence of any guarantee against tyranny,' as the majority controls public opinion, the legislature, the executive, public force, and even the judiciary in some states. This means a wronged individual has no recourse, highlighting the risk that the majority's power, 'irresistible' and 'energetic,' could drive minorities to 'despair and physical force,' leading to an anarchy born of despotism, as warned by Madison and Jefferson.