One of the key goals of Tyranny of Minority is to sound the alarm on the antiquated elements of American democracy. The authors outline 8 counter-majoritarian institutions, which they believe are hindering American democracy. Most of these institutions—except the judicial review and filibuster—were created at the Constitutional Convention in Philadelphia in 1787. The Bill of Rights represents the first. This institution is much less dangerous than the others since it does protect democracy. However, the individual liberties enshrined in the Bill of Rights are often poorly-defined and unevenly protected.

The second is the lifetime appointments of Supreme Court justices. When there are no restrictions on term appointments or retirement age, justices often lose touch with the majority. They were elected during a different time and are unable to evolve their judicial thinking to match the present day.

Federalism, which favors lawmaking power by states and local governments over the federal government, represents the third. Most state legislatures have a winner-take-all system. This makes state legislatures prone to minority rule.

A bicameral Congress where legislative majorities in both the House and Senate are required to pass laws is the fourth. This type of system should prevent one party from gaining too much power, yet this is not the case.