In my last post, I discussed how John McGinnis and I argue that the dominant character of the Constitution is that it is supermajoritarian. I explained that the three basic provisions of the Constitution – individual rights provision, the process for passing ordinary legislation, and express supermajority rules – all turn out to be supermajority provisions.
In this post, I want to explore some of the context and purposes of the Constitution that also contributed to the Framers establishing a supermajoritarian constitution.
The Framers of the Constitution wanted to establish a more republican version of the English Constitution. They not only eschewed a monarchy and an hereditary aristocracy, but they also believed that the English Constitution of the Glorious Revolution had been corrupted (such as by giving Parliament unlimited authority and allowing the King to purchase votes in the legislature).