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Example research essay topic: Alexis De Tocqueville Bill Of Rights - 1,566 words

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Alexis de Tocqueville writes about the tyranny of the majority in early American democratic history. He believes that the way the American government and its basis on democracy have created an inequality amongst its people. Tocqueville believes that the power that was given to its people is so strong and direct that it is easily misused to solely benefit the majority. To back his belief of the tyranny of the majority, he lists examples of the immense power that the majority has over the ruling governmental bodies as well as the public opinion of its citizens. Although de Tocqueville makes many good points about America s democratic structure in 1835, he also made some misconceptions and oversights that led to this negative view towards the democratic power of the majority. In the following paper, I will discuss how his examples of the evils of the tyranny of the majority are actually the factors that make America strong and free both governmentally and socially.

The Governments of the American republics appear to me to be as much centralized as those of the absolute monarchies of Europe With this statement Alexis de Tocqueville is trying show that the in America s democratic setting, the majority has such governmental influence, that they act as one entity. He believes that they have the same power as one tyrannical leader: to destroy, oppress and dominate whomever they wish. This worried de Tocqueville partly because of his social standing in France. As an aristocrat he knew first hand the power of a majority, comprised of poor and under-privileged people. His father was arrested and awaited the Guillotine in 1793 during the French Revolution. So the idea of putting so much political and legal power into the common majority s hand was a troublesome thought.

Therefore his concerns were mainly self-motivated, for fear of retribution towards the wealthy elite minority in the States. The idea, however, that a majority has tyrannical power over the minority is still valid, but the American constitution was created with a system of checks and balances such as the Bill of Rights and the three separate branches of government. When the Bill of Rights was created in December of 1791, the first amendment stated that, Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances. This reiterated one of the most important ideas in American history, that of the individual s right. The first amendment was only the first step in creating laws to protect individuals from the power of the majority. The ninth amendment stated that, The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.

Which means that no laws can be created to strip any rights that are already protected by the Constitution. To ensure that these rights were protected and amendments were obeyed, the government was divided into the three distinct branches: the Executive, the Legislative and the Judicial. Although de Tocqueville is cynical about the effectiveness of this division of government, it has proven itself time after time. De Tocqueville believed that because the same group of people elected all three parts into power, that the majority would still rule every branch and render the division useless. This is a slight overstatement, because the representatives from each group are elected from different parts of the country and make up very diverse sections of the population. And over the years we have seen that Democrats have been elected as President, while having a Republican majority in the Senate and a Congress that is split along partisan lines, with a variety of different political stances from the Supreme Court Judges, and vise versa.

With such an effective defense against the majority s tyranny, Alexis de Tocqueville s idea that a freely elected government is the equivalent of a monarchy is unreasonable. A king is self-serving, only interested in gaining wealth for himself, ruling with an iron fist and returning just enough to his people so that they don t starve or revolt. The democratic majority on the other hand, elects into power the leaders that will carry forth their wishes. If he strays from the majority desires, then he will be replaced with another individual who will follow their requirements. And the relatively short, four-year, terms give the people the opportunity to change the direction of government quickly and effectively, thus giving them the ability to change laws equally as rapidly. De Tocqueville believes that this creates an unstable government and unfinished projects.

But on the other hand, it creates a responsive government, one that moves with the wishes of its people. In a republic, the people rule, and in American Democracy although the majority rules, it is protected from becoming a tyrant by laws that are commonly agreed upon and are what American was built on. The second major point that Alexis de Tocqueville makes is that of the power of the majority over public opinion. He writes that, At the present time the most absolute monarchs in Europe are unable to prevent certain notions, which are opposed to their authority, from circulating in secret throughout their dominions, and even in their courts. Such is not the case in America; as long as the majority is still undecided, discussion is carried on; but as soon as its decision is irrevocably pronounced, a submissive silence is observed, and the friends, as well as the opponents, of the measure unite in assenting to its propriety. (304) De Tocqueville believed that In America the majority raises very formidable barriers to the liberty of opinion. (305) And that the majority had such a powerful influence over every part of American culture, that they could even silence the objections and thoughts of the minority. Essentially this is true, except for the fact that the right to free speech is protected in the first amendment of the Bill of Rights.

De Tocqueville never discusses the Bill of Rights and believed that the strength of the majority over powers even the laws created to protect that right. He builds on the underlying idea that if you speak out against an already determined way of thought, that your, political career is closed forever. He believed that if the majority did not share your mindset, you would become a social outcast. It is easy to see how de Tocqueville could hold this view in a time where slavery was commonplace and minorities were objectified and oppressed by the majority. But as America grew we could see that the fundamental ideas of justice, equality and freedom are much stronger than that of the racist and prejudicial views of the time.

Americans realized that the majority is a continuously changing group, and that they must respect the rights of others, if not from the kindness of their hearts, then from fear of retribution when the current majority falls out of favor. Alexis de Tocqueville attempts to continue to show that the American democratic majority effects public opinion by stating that, If great writers have not at present existed in America, the reason is very simply given in these facts; there can be no literary genius without freedom of opinion, and freedom of opinion doe not exist in America. (307) To this respect, de Tocqueville is not being objective. He is comparing the literary works of a newly formed republic to that of a country, such as France, which has existed for far longer. The quality of literature was undoubtedly less refined and distinguished than that of an already established country with a history backing into the early 14 th century. De Tocqueville explains that in an absolute monarchy, dissidence and public opinion still exists, while in the American republic, there is none and goes on to declare that the former is a better situation because the people can still express their opinions. But he is ignoring the reality that it is better to have your physical and intellectual freedom and have an opinion that may not be accepted by the majority than to have no rights whatsoever and have the ability to express your opinions from hiding.

Alexis de Tocqueville writes that in America, the body is left free, and the soul is enslaved, and you may retain your civil rights, but they are useless to you (306) His view on the majority s power over government and American public opinion are the extremes. Being an aristocrat from France, his biased views dramatically skew what is an essentially good idea. De Tocqueville believes that there are two distinct sections of society, the majority and the minority or the aristocrat and the commoner. What he does not take into account is that people are connected to many different social groups, with varying beliefs on a wide range of topics.

A person can be part of the majority of people who believe in capitalism, while participating in other groups that are fighting for universal healthcare rights. Alexis de Tocqueville underestimates the individualism and the intellectual independence that the general American public possesses, and the strength of the barriers to tyranny that were developed by the majority to protect the different minorities.


Free research essays on topics related to: bill of rights, alexis de tocqueville, first amendment, american public, public opinion

Research essay sample on Alexis De Tocqueville Bill Of Rights

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