In the mid-1800s a French aristocrat, Alexis de Tocqueville, traveled across America in order to study the largest democracy the world had known.  He produced a two volume collection of his observations and analysis, Democracy in America, which is still a primary source for keen insights into the American character and political system.  As an aristocrat who held an inherently privileged place in French society, de Tocqueville was sensitive to the potential dangers of majority rule.  In fact, one section of the first volume is entitled “Tyranny of the Majority," a term he is credited with coining. 

In doing so, de Tocqueville put his finger on a core tension in the American consciousness: faith in, and fear of, democracy.  In today’s politically polarized environment, one side’s profession of majority will is viewed by the other side as oppression.  The proper uses of collective action – say, going to war or bringing down the cost of health care – are open to ongoing, fierce debate.  As fantastic amounts of time, energy and money are marshaled to gain political control through democratic elections, adversaries use the de Tocqueville template to warn voters of the dangers of majority rule; rule, that is, by a majority led by the other side.

Civil rights laws and the ability to enforce those laws are one way to push back against majority oppression.  Democracy in America cites the essential role that our legal system plays in protecting individual and minority group rights against the tyranny of the majority.  From the Bill of Rights to the ADA and Olmstead, there must be counter-balance in order for all Americans to preserve their freedoms.

But legal protections are not enough.  In order to work, they must be enforceable.  Organizations like DRO and legal aid receive public money to provide meaningful protection for individuals who could not otherwise enforce their rights.  Yes, ensuring rights enforcement protects poor people and people with disabilities.  It also protects our country and our system of government. 

Both DRO and Oregon’s legal aid programs are faced with ongoing cuts in federal funding.  DRO has recently closed its two rural offices and cut 1.5 positions.  Legal aid programs are laying off many attorneys and other staff.  Some in the political debate may think legal services for disadvantaged people are not important or somehow impinge on others’ freedoms.  This would be a misreading of the American way of life.  Ask de Tocqueville.