Lani Guinier, The Tyranny of the Majority: Fundamental Fairness in Representative Democracy, Free Press, New York, 1994. In the Foreword, Stephen L Carter writes about "(preserving) a vision of America that almost nobody really believes in but almost everybody desperately wants to. In this vision, we are united in a common enterprise and governed by common consent. (W)e are people of good will, aiming at a fairer, more integrated society, which we will achieve through the actions of our essentially fair institutions. And the key to this enterprise ... is voting. ... (T)he right to vote is the most important and dramatic emblem of democratic citizenship. The social history of America could be written as the saga of a slowly expanding franchise: to the nonpropertied, to the freed slaves, to women, to those old enough to fight. When we vote, wrote the late Judith Shklar, '(w)e are taking part in a serious and personally significant ritual.' Whether or not our side wins, the ritual affirms our membership in America: 'The simple act of voting is the ground upon which the edifice of elective government rests ultimately.'" p xiii (N)o right is more fundamental than the right to vote." p xiv "That right signals, as Shklar would say, full formal membership in the American polity, but it also means ... the chance to force the nation to change. In other words, although the mere ability to vote counts for a great deal, the power that voting brings matters as much or more -- at least to people who have long been denied their chance at self-governance. ... (A) group interest exists and ... voting procedures cannot be called fair when that interest always loses." p xiv Guinier, in the opening essay, lists "the values of self- government, fairness, deliberation, compromise, and consensus that lie at the heart of the democratic ideal" (p 5) and states that "the right to vote by itself is 'preservative of all other rights.'" (p. 7) She concludes, "Justice Potter Stewart wrote in 1964 that our form of representative self-government reflects 'the strongly felt American tradition that the public interest is composed of many diverse interests, (which) ... in the long run ... can better be expressed by a medley of component voices than by the majority's monolithic command.' ... I hope we rediscover the bold solution to the tyranny of The Majority, which has always been more democracy, not less." p 20 |
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