Tyranny of the majority

Viewpoints

James Madison

Federalist No. 10 "The Same Subject Continued: The Union as a Safeguard Against Domestic Faction and Insurrection" (November 23, 1787):

The inference to which we are brought is, that the CAUSES of faction cannot be removed, and that relief is only to be sought in the means of controlling its EFFECTS. If a faction consists of less than a majority, relief is supplied by the republican principle, which enables the majority to defeat its sinister views by regular vote. It may clog the administration, it may convulse the society; but it will be unable to execute and mask its violence under the forms of the Constitution. When a majority is included in a faction, the form of popular government, on the other hand, enables it to sacrifice to its ruling passion or interest both the public good and the rights of other citizens. To secure the public good and private rights against the danger of such a faction, and at the same time to preserve the spirit and the form of popular government, is then the great object to which our inquiries are directed...By what means is this object attainable? Evidently by one of two only. Either the existence of the same passion or interest in a majority at the same time must be prevented, or the majority, having such coexistent passion or interest, must be rendered, by their number and local situation, unable to concert and carry into effect schemes of oppression.

Alexis de Tocqueville

With respect to American democracy, Tocqueville, in his book Democracy in America, says:

So what is a majority taken as a whole, if not an individual who has opinions and, most often, interests contrary to another individual called the minority. Now, if you admit that an individual vested with omnipotence can abuse it against his adversaries, why would you not admit the same thing for the majority? Have men, by gathering together, changed character? By becoming stronger, have they become more patient in the face of obstacles? As for me, I cannot believe it; and the power to do everything that I refuse to any one of my fellows, I will never grant to several.

So when I see the right and the ability to do everything granted to whatever power, whether called people or king, democracy or aristocracy, whether exercised in a monarchy or a republic, I say: the seed of tyranny is there and I try to go and live under other laws.

When a man or a party suffers from an injustice in the United States, to whom do you want them to appeal? To public opinion? That is what forms the majority. To the legislative body? It represents the majority and blindly obeys it. To the executive power? It is named by the majority and serves it as a passive instrument. To the police? The police are nothing other than the majority under arms. To the jury? The jury is the majority vested with the right to deliver judgments. The judges themselves, in certain states, are elected by the majority. However iniquitous or unreasonable the measure that strikes you may be, you must therefore submit to it or flee. What is that if not the very soul of tyranny under the forms of liberty

Trampling the rights of minorities

Regarding recent American politics (specifically initiatives), Donovan et al. argue that:

One of the original concerns about direct democracy is the potential it has to allow a majority of voters to trample the rights of minorities. Many still worry that the process can be used to harm gays and lesbians as well as ethnic, linguistic, and religious minorities. … Recent scholarly research shows that the initiative process is sometimes prone to produce laws that disadvantage relatively powerless minorities … State and local ballot initiatives have been used to undo policies – such as school desegregation, protections against job and housing discrimination, and affirmative action – that minorities have secured from legislatures.

Class studies

Tyranny of the majority has also been prevalent in some class studies. Rahim Baizidi uses the concept of "democratic suppression" to analyze the tyranny of the majority in economic classes. According to this, the majority of the upper and middle classes, together with a small portion of the lower class, form the majority coalition of conservative forces in the society.

Critique by Robert A. Dahl

Robert A. Dahl argues that the tyranny of the majority is a spurious dilemma (p. 171):

Critic: Are you trying to say that majority tyranny is simply an illusion? If so, that is going to be small comfort to a minority whose fundamental rights are trampled on by an abusive majority. I think you need to consider seriously two possibilities; first, that a majority will infringe on the rights of a minority, and second, that a majority may oppose democracy itself.
Advocate: Let's take up the first. The issue is sometimes presented as a paradox. If a majority is not entitled to do so, then it is thereby deprived of its rights; but if a majority is entitled to do so, then it can deprive the minority of its rights. The paradox is supposed to show that no solution can be both democratic and just. But the dilemma seems to be spurious.
Of course a majority might have the power or strength to deprive a minority of its political rights. […] The question is whether a majority may rightly use its primary political rights to deprive a minority of its primary political rights.
The answer is clearly no. To put it another way, logically it can't be true that the members of an association ought to govern themselves by the democratic process, and at the same time a majority of the association may properly strip a minority of its primary political rights. For, by doing so the majority would deny the minority the rights necessary to the democratic process. In effect therefore the majority would affirm that the association ought not to govern itself by the democratic process. They can't have it both ways.
Critic: Your argument may be perfectly logical. But majorities aren't always perfectly logical. They may believe in democracy to some extent and yet violate its principles. Even worse, they may not believe in democracy and yet they may cynically use the democratic process to destroy democracy. […] Without some limits, both moral and constitutional, the democratic process becomes self-contradictory, doesn't it?
Advocate: That's exactly what I've been trying to show. Of course democracy has limits. But my point is that these are built into the very nature of the process itself. If you exceed those limits, then you necessarily violate the democratic process.

Critique by Mancur Olson

The notion that, in a democracy, the greatest concern is that the majority will tyrannise and exploit diverse smaller interests, has been criticised by Mancur Olson in The Logic of Collective Action, who argues instead that narrow and well organised minorities are more likely to assert their interests over those of the majority.

Mitigation

To reduce the risk of majority tyranny, modern democracies frequently have countermajoritarian institutions that restrict the ability of majorities to repress minorities and stymie political competition. In the context of a nation, constitutions limit the powers of a legislative body. Constitutions frequently contain entrenched clauses which require supermajorities for changes of the constitution. Supermajority rules can result in the tyranny of the supermajority. 19th century concurrent majority theory argues that multiple majorities in separate assemblies effectively require a supermajority which can prevent the tyranny of the majority.

Separation of powers or judicial independence may also be implemented.

The preferences of the median citizen tend to be more moderate than policies supported by bare majorities appealing only to one ideological side.