ABSTRACT
The history of the Contract with America is an apt illustration of our central dilemma: that the rule of the majority is often impeded by constitutional protections of minority rights. The Republican contract differed from a British parliamentary legislative agenda in two important ways. First, legislation was written prior to the actual election, which would not be necessary in a parliamentary election. Second, and even more importantly, despite the fact that the Republicans had detailed legislative language ready to go as soon as they were elected, they had to go through the steps of the legislative process. The Framers forced public opinion to be muted in two ways. First, Congress, as an elected body, would deliberate over issues that had sparked the passions of the people, and second, the system of checks and balances would create a further brake on initiatives by one part of government.
