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Minority Rights In U.S. Senate

Posted on:2008-09-29Degree:MasterType:Thesis
Country:ChinaCandidate:C DuFull Text:PDF
GTID:2166360272995186Subject:Political Theory
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The U.S Constitutionalism system is the first successful political system founded on the base of deep consideration and freely selection in political history ever.In the designs of the Constitutional government,there is a fundamental idea as the Protecting of Minority Rights;and in the practices of it,there are many institutional arrangements to fulfill this idea:separation of powers,checks and balances,federal system,as well as the Congress.In modern Congress,both the House of Representative and the Senate are managed in partisanship:the Majority Party who wins the more seats takes the Power to control the legislative agenda;the Minority Party who gets the less seats only posses some Procedural Rights to make themselves heard.However,in the U.S.Senate,besides this kind of "partisan minority rights",there is another kind of Minority Rights called "political minority rights",which refers to the procedural protections for any size or composition---a group of members,or even an individual.This thesis begins with the description of a strange rule in Senate called "Filibuster",and makes more deeply analysis on the origins of the political minority rights in U.S.Senate,as well as the development and evolution of it in two dimensions--- History and Politics.As a set of procedural advantages protected from arbitrary change that enable the minority to amend, debate,or obstruct the majority agenda,this thesis conclude that,the political minority rights in the Senate origins from the Whiggism Ideal in U.S. Constitutionalism,and takes its form mainly on the American conservative elites' fears and refusals to Democracy.In the beginning,this protection of individual minority rights was just existed as an idea included in the American Upper Chamber. However,this "High-Tone" minority rights subjected to many crashes from the modern politics on the long way of constitutionalism practices,the development of partisan politics especially,and gradually took its form as "Low-Tone" and procedural minority rights which we know today.The whole process of minority rights in the Senate opens a new perspective on the study of Constitutionalism of the U.S government,and holds vital meanings for the better understanding of the American Constitution system.
Keywords/Search Tags:Congress, Senate, Filibuster, Minority Rights, Constitution System
PDF Full Text Request
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