According to Professor Munger, democratic constitutions consist of two parts: one defining the limits within which decisions can be made democratically, and the other establishing the process by which decisions will be made. In the United States Constitution, the individual is protected from majority decisions. Professor Munger warns, however, that these protections are slowly being stripped away as American courts of law fail to recognize the limits of what can be decided by majority rule.
Under a democratic system of government, how is an individual protected from the tyranny of the majority? Professor Munger uses the case of Kelo v. New London to illustrate the dangers of confusing majority rule with a democratic system.