The Federal Protectionism of Minority Rights in the United States

The United States prides itself on being a land of freedom and opportunity. Individuals travel to the United States in hopes to utilize every advantage that life in America will bring. In Democracy in America, Alexis De Tocqueville divulges into his interpretations of the inner workings of the United States and what truly makes it so unique from its European counterparts.

Alexis de Tocqueville's visit to the United States in the early part of the nineteenth century prompted his work Democracy in America, in which he expressed the ability to make democracy work. Throughout his travels Tocqueville noted that private interest and personal gain motivated the actions of most Americans, which in turn cultivated a strong sense of individualism. Tocqueville believed that this individualism would soon "sap the virtue of public life" (395) and create a despotism of selfishness. This growth of despotism would be created by citizens becoming too individualistic, and therefore not bothering to fulfill their civic duties or exercise their freedom. Tocqueville feared that the political order of America would soon become

Race is, a group of people sharing the same culture, history, language, or an ethnic group. In the USA, we are made up of literally hundreds of different ethnic groups, with different races. From African Americans to mexicans, and from scottish to Chinese, we all are different. Does that mean we can put them down, and fight them because of the difference? On September 25, 1789, the United State’s government passed a bill, The Bill of Rights. This bill gives every US citizen, 27 rights. From the freedom of religion, to abolitioning slavery. The fourteenth amendment says we all have the Right to be free from discrimination. So even with a law that says you can’t discrimination, people do.

Alexis de Tocqueville was a French aristocrat and adventurer who spent nine months traveling America during 1831. He wrote a book “Democracy in America” about his adventure and experiences in America. He was a well educated European who spoke to many important figures of the time and this helped to develop very good insight about current American culture. Some of his adventures include steamboat, visited the Eastern cities, stayed in a log cabin, and even explored the northwestern frontier. He wrote this book for the French audience, and was hoping to better explain what democracy was so it could help France transition into a democracy. He believed that Democracy was the way of the future, and he was a strong supporter of Democracy. His book

The argument starts with two main points. The first is how the majority acts as a faction to oppress the minority, and the second is how justice can not be fair “until liberty be lost in the pursuit”

Democracy in America, by Alexis de Tocqueville includes Tocqueville’s observations on what American society and culture was like during the 1830’s. Throughout his analysis of America, he draws many outlandish and interesting conclusions regarding what life was like during this time period. For example, in Chapter 18, Tocqueville remarks that citizens in democratic societies are independent, which makes them weak and subsequently uninfluential in society. He goes on to say that in order to combat this, associations must be established to combat individualism and to circulate new thoughts and ideas. All in all, Tocqueville’s claim is certainly valid, but only up to a certain point because there were a select few of individuals that were able to make an influence on society without the help from any associations.

Alexis de Tocqueville and James Madison had two distinctly different philosophical views when it came to the problem of “majority tyranny.” In Tocqueville and the Tyranny of the Majority, Morton J. Horwitz discusses in length the writings of the Frenchman when he came to and became fascinated by America. Horowitz argues each man believes the public’s best interests and freedoms were being terrorized. The former (de Tocqueville) believed that society itself is a monster, but the latter (Madison) believed danger came from a temporarily impassioned majority making lasting decisions in government.

Democracy in America has been a guiding principle since the foundation of the country. Many over the years have commented on the structure and formation of democracy but more importantly the implementation and daily function within the democratic parameters that have been set. Alexis de Tocqueville was a French political thinker and historian born July 29, 1805. He is most famously known for his work Democracy in America. Democracy in America has been an evolving social and economic reform, and has continually changed since it’s founding.

The right to vote is indispensable to any democracy because it is the means by which citizens can collectively decide issues. Nowhere in the Constitution of 1791 does it explicitly guarantee the right to ballot box for women and minority groups, thus, excluding the majority from participating in the political process. Indeed, only 6% of the American population voted in President Washington’s re-election in 1792 (Lepore 2). Article I, Section 2, Clause 1 of the Constitution defers voting eligibility to state legislatures (The Heritage Foundation 3), implicitly condoning the disfranchisement of women, minorities, and destitute whites. Although one can argue the Constitution of 1791 merely reflected the white supremacist, patriarchal society of its time, the reality remains that the significant groups were excluded from participating in the political process.

Alexis de Tocqueville was born on July 29, 1805, in Paris, France. He was a historian, political scientist, and a politician, but he is best known as the author of Democracy in America. He began his political career as an apprentice magistrate, a role he was easily able to enter into due to his father’s role in French government. In the role of apprentice magistrate, Tocqueville witnessed the constitutional upheaval between the conservatives and liberals in France. With the inevitable decline of the aristocratic privilege on the horizon, he began to study the English political development. For Tocqueville, the July Revolution of 1830 and the resulting kingship of Louis Philippe of Orleans helped

Three court cases that played a huge role in the relationship between citizenship, rights to suffrage and representation of the American democracy are The People of the State of California v. George W. Hall, Dred Scott v. Sandford and Guinn v. United States, where each case left a lasting change in the minority group’s flight for equality. In the case of The People of the State of California v. George W. Hall, the Supreme Court ruled that a White defendant was falsely convicted of murdering a Chinese person on the basis of the testimony from a Chinese witness. On appeal, the defendant’s lawyer argued that a non-white witness could not testify against a white person (Shaw et al., 2015, p. 141), where in the state of California, blacks, mulattos, and Indians could not testify in any case against a white person because they were not reliable in court because they were, “no recognize the Chinese and other Asians as a full person whose testimony were admissible in court,” (Shaw et al., 2015, p. 142). The court decision emulated the prejudice that was heavily present in the United States, especially Anti-Asian Movement, because they were seen as, “inferior, who were incapable of progress or intellectual development beyond a certain point,” or “claim any citizenship rights” (Shaw et al., 2015, p. 142) and were left unable to protect themselves or their rights because the ruling ultimately dehumanized them into being seen as mediocre asinine individuals. In the case Dred Scott v.

Although liberty was explored in the Declaration of Independence and later in the Constitution, French politician and philosopher Alexis de Tocqueville best put into words why liberty is so important to the American people. He explained in his book, Democracy in America, that, “…defending [citizens'] rights against the encroachments of the government saves the common liberties of the country” (Galles). Tocqueville visited America in 1831 simply to study the nation’s prisons and consequently wrote Democracy in America after returning to France, in awe of the success of America’s democratic movement (“Alexis de Tocqueville”). He was

Tocqueville’s Democracy in America arose out of the desire to understand the underlying reasons behind the difference between French and American democracies. While both societies have had moved towards democracy, New England, which Tocqueville defines as America, seems to be much more successful in organising a stable democratic society. As such, Democracy in America was written with the motive of mapping out how American society was

Tocqueville’s argument that there is an unreconciled tension between liberty and equality is relatively simple to grasp—the exercise of freedom can ultimately distribute wealth, opportunities, and goods in unequal ways; and vice versa, maintaining equality over time among people can ultimately come to having to limit the freedom of others by redistributing the same wealth, opportunities, and goods. One critical manifestation of this tension between liberty and equality is what Tocqueville calls the “tyranny” or “despotism of the majority.” If all men are equal, then no one person or group of people can rule over any other person or people, meaning that the only choice Americans have is to live according to the will of the largest number of people—tyranny of the majority becomes a harsh reality when that power goes unchecked. While it seems that if “equality” in its most perfect sense were what was being used as a measure, minority opinion could certainly be taken into account to the same degree as the opinion of any other group of people; however, this

Thoreau states in Civil Disobedience, “After all, the practical reason why, when the power is once in the hands of the people, a majority are permitted, and for a long period continue, to rule, is not because they are most likely to be in the right, nor because this seems fairest to the minority, but because they are physically the strongest. But a government in which the majority rule in all cases cannot be based on justice.”(Thoreau Civil Disobedience). Just because it benefits the majority doesn’t make it acceptable King states, “Injustice anywhere is a threat to justice everywhere. We are caught in an inescapable network of mutuality, tied in a single garment of destiny. Whatever affects one directly, affects all indirectly.” (Letter from Birmingham). There are many instances in American history where although the mass’s decision was unfair to the minority it was beneficial to the majority. Therefore, the minorities’ needs were overlooked, such as the enslavement of African people to profit their slave master, and the decline of basic rights to own property or vote to women and black to value the white man. Eventually justice was obtained but not without a long struggle.