Exam Review Notes

Civil Liberties and Majority Rule

• Even if the majority agrees on something, individuals have the right to speak against it.
• Civil liberties and freedom of speech should be allowed regardless of the majority's opinion.
• Individuals have the right to speak out against a decision, even if they cannot prevent legislation from passing.
• Undermining what the majority wants undermines democracy.
• Filibustering maintains the status quo by preventing change.

Counter-Majoritarian Institutions and Minority Rights

• Lubinsky and Ziblet critique the idea that minorities should have the power to block legislation.
• Advocates of the traditional view believe that counter-majoritarian institutions protect minority rights.
• Examples of counter-majoritarian institutions include the US Senate, the Electoral College, the filibuster, and the Supreme Court.
• When discussing minority rights, it's crucial to consider who is being referred to.

What is Meant by "Minorities"

• Commonly, minorities are thought of as oppressed and despised groups, such as African Americans, Hispanics, LGBTQ+ individuals, religious minorities, and ethnic minorities.
• However, Rabitsky and Ziblet argue some use the term "minority" to refer to the 1% and politicians when defending counter-majoritarian institutions.

Historical Use of the Filibuster

• The filibuster is often defended as a means to protect minority rights.
• However, Lubinsky and Ziblet argue that historically, the filibuster has been used to block civil rights legislation and voting rights, thereby harming oppressed minorities.
• The filibuster has also been used to block anti-lynching legislation and the return of oaths.
• The historical record shows that the filibuster has often prevented the advancement of minority rights.

Critique of the US Senate

• The US Senate is not proportional in terms of population representation.
• Minorities tend to be located in big cities and large states, which dilutes their power in the Senate.
• Latino populations, for example, are concentrated in a small number of large states.
• States with small populations, like Wyoming, Vermont, and New Hampshire, have disproportionate power in the Senate.

Historical Parallels and Counter-Arguments

• In the 1950s and 1960s, there was outrage over legislative districts where cities were underrepresented compared to rural areas.
• Predictions that cities would oppress rural areas due to population-based representation did not come to pass.
• Other countries that reformed their upper chambers and electoral rules did not experience the predicted chaos and oppression of minorities.

Exam Information

• Multiple-choice questions will be similar to the previous quiz.
• The essay portion will require defending the majority to a hypothetical neighbor.