The brilliance of the Constitution is that the system of checks and balances tempers the wills of tyrannical majorities. The way in which the Constitution’s design fosters the balance between liberalism and democracy lies in its foundations upon the people. Under this system, the rights listed in the Bill of Rights and the Declaration of Independence were supreme but the citizenry still recognized the democratic needs of the government to protect the common good: “They sought to craft a constitutional system that followed the principles of the Declaration of Independence, which taught that interests could be compromised but that the rights of ‘life, liberty, and the pursuit of happiness; were sacred and must be inoculated from interests and democratic sentiments” (534)...
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Milkis and Landy hold that this balance between the competing notions of liberalism and democracy has shifted back and forth over time; however, since the New Deal, the scales have been tipped in the favor of liberalism. Under their view, the people no longer look to the Constitutional institutions promoting collective self-rule to protect their liberties; rather, there has been a rise in the power of non-elected government institutions—the courts and executive agencies—to administer these rights...
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