Citizen Advocates for Constitutional Principles


Constitutional Gems - # 708 – 02-19-2007


Question: What is one way the rights of minorities are protected?



Focusing on the Constitutional -
It is of great importance in a republic not only to guard the society against the oppression of its rulers, but to guard one part of the society against the injustice of the other part. Different interests necessarily exist in different classes of citizens. If a majority be united by a common interest, the rights of the minority will be insecure. There are but two methods of providing against this evil: the one by creating a will in the community independent of the majority that is, of the society itself; the other, by comprehending in the society so many separate descriptions of citizens as will render an unjust combination of a majority of the whole very improbable, if not impracticable. The first method prevails in all governments possessing an hereditary or self-appointed authority. This, at best, is but a precarious security; because a power independent of the society may as well espouse the unjust views of the major, as the rightful interests of the minor party, and may possibly be turned against both parties. The second method will be exemplified in the federal republic of the United States. Whilst all authority in it will be derived from and dependent on the society, the society itself will be broken into so many parts, interests, and classes of citizens, that the rights of individuals, or of the minority, will be in little danger from interested combinations of the majority.
(The Federalist Papers, No. 51)


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I have a question.

Does the Constitution protects legal residents in the US?
- Benito

Legal residents as well as anyone else legally in the US are protected by the same rights as citizens under the Constitution. This has been understood by the Founding Fathers and upheld by the Supreme Court.

However in light of the rights of prisoners under the Patriot Act I feel I should also point out that Congress does have the power to suspend the Writ of Habeas Corpus (see Constitutional Gem 707).

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