In this Note, the author steers away from the current substantive debates surrounding the Voting Rights Act, its various amendments, and the "correct" way of interpreting its intended benefits and constitutionally accepted mandates. Instead, indirectly joins the many "radical" voices advocating for a departure from the majoritarian stranglehold-the decision-making process where fifty percent plus one of the voting population carry the election. The author does so not by suggesting yet another mechanism by which representatives may be elected, but by critiquing the perceived underpinnings of our democratic system of government. The author does not profess to delineate a definitive interpretation of American democracy, but rather to show what it is not required to be. More specifically, this Note directly confronts the majoritarian foundation upon which America's political society arguably rests, and posits that our reliance on the simple majoritarian paradigm is unwarranted. In short, the author argues that democracy entails anything from unanimous decision-making to simple, fifty-percent-plus-one majority rule.
The Empitness of Majority Rule,
Mich. J. Race & L.
Available at: https://repository.law.umich.edu/mjrl/vol1/iss1/6