ABSTRACT
This chapter considers the case for supermajorities and for protected rights. The principle of majority rule is so intuitive and so engrained in American culture that it serves as a default rule in almost any choice situation. To give the minority side the power to decide is to essentially weight their votes more heavily than those in the majority, which clearly violates the idea of political equality. In fact, part of the allure of supermajority rules comes from the natural democratic inclination to seek consensus. Courts therefore can be viewed as countermajoritarian institutions that stand up for individuals and minorities when political majorities overstep the boundaries that democratic principles establish. The idea that supermajoritarianism protects minorities from tyrannical majorities may make some sense when there is a fundamental social division that creates a "permanent" minority. Supermajority rules can permit a minority to block changes to policies that no longer enjoy broad support.
