“By the theory of our Government majorities rule, but this right is not an arbitrary or unlimited one. It is a right to be exercised in subordination to the Constitution and in conformity to it. One great object of the Constitution was to restrain majorities from oppressing minorities or encroaching upon their just rights.”

— James K. Polk

Inaugural Address (4 March 1845)
Context: By the theory of our Government majorities rule, but this right is not an arbitrary or unlimited one. It is a right to be exercised in subordination to the Constitution and in conformity to it. One great object of the Constitution was to restrain majorities from oppressing minorities or encroaching upon their just rights. Minorities have a right to appeal to the Constitution as a shield against such oppression.

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James K. Polk 15

American politician, 11th President of the United States (i… 1795–1849

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“If a minority, losing an election, can break up the government rather than accept the results of the election, free government is impossible. If the only alternatives to rule by a Constitutional majority, I say, Constitutional majority, a majority formed under the rules of the Constitution with minority rights secured. There were no examples of the Republicans doing anything to prevent the opposition from having freedom of speech, freedom of press, freedom of association. There was a great deal of interference with those rights in the Southern states. But they lost the election according to their own rights. And Lincoln said that if people can break up the government rather than accept the results of a fairly conducted election, then the only alternatives are anarchy or tyranny. What is to prevent, he said, anyone of the states seceding from any future union?”

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“There would be but one article in the constitution of a State Socialistic country: “The right of the majority is absolute.””

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Context: What other applications this principle of Authority, once adopted in the economic sphere, will develop is very evident. It means the absolute control by the majority of all individual conduct. The right of such control is already admitted by the State Socialists, though they maintain that, as a matter of fact, the individual would be allowed a much larger liberty than he now enjoys. But he would only be allowed it; he could not claim it as his own. There would be no foundation of society upon a guaranteed equality of the largest possible liberty. Such liberty as might exist would exist by sufferance and could be taken away at any moment. Constitutional guarantees would be of no avail. There would be but one article in the constitution of a State Socialistic country: “The right of the majority is absolute.”

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“If by the mere force of numbers a majority should deprive a minority of any clearly written constitutional right, it might, in a moral point of view, justify revolution — certainly would if such a right were a vital one.”

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Context: If by the mere force of numbers a majority should deprive a minority of any clearly written constitutional right, it might, in a moral point of view, justify revolution — certainly would if such a right were a vital one. But such is not our case. All the vital rights of minorities and of individuals are so plainly assured to them by affirmations and negations, guarantees and prohibitions, in the Constitution, that controversies never arise concerning them. But no organic law can ever be framed with a provision specifically applicable to every question which may occur in practical administration. No foresight can anticipate, nor any document of reasonable length contain, express provisions for all possible questions.

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“By the principles of the Declaration of Independence, majority rule in a free society is not an end in itself, nor is it a source of the purposes served by free government. Majority rule exists to secure the rights with which all human persons are "endowed by their Creator." The recognition of the origin of these rights, in God and nature, comes before any action of any majority. Only as we all recognize that "the just powers of government" exist to secure the equal rights possessed by every human being, whether in the majority or minority, can tyranny be prevented.”

Harry V. Jaffa (1918–2015) American historian and collegiate professor

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