How so. I don't see that dcraelin arguing for a tyranny of the majority at all. He is presenting Jefferson's argument that the majority vote is imperfect in effect, but superior to any other form of government.
I am not sure these are Jefferson's words, but they do summarize where he was coming from:
The only way a republican government can function, and the only way a people's voice can be expressed to effect a practicable control of government, is through a process in which decisions are made by the majority. This is not a perfect way of controlling government, but the alternatives--decisions made by a minority, or by one person--are even worse and are the source of great evil. To be just, majority decisions must be in the best interest of all the people, not just one faction.
Jefferson expressed this on dozens of occasions to numerous people. Some examples:
"The will of the people... is the only legitimate foundation of any government, and to protect its free expression should be our first object." --Thomas Jefferson to Benjamin Waring, 1801. ME 10:236
"The measures of the fair majority... ought always to be respected." --Thomas Jefferson to George Washington, 1792. ME 8:397
"I subscribe to the principle, that the will of the majority honestly expressed should give law." --Thomas Jefferson: The Anas, 1793. ME 1:332
"All... being equally free, no one has a right to say what shall be law for the others. Our way is to put these questions to the vote, and to consider that as law for which the majority votes." --Thomas Jefferson: Address to the Cherokee Nation, 1809. ME 16:456
"And where else will [Hume,] this degenerate son of science, this traitor to his fellow men, find the origin of just powers, if not in the majority of the society? Will it be in the minority? Or in an individual of that minority?" --Thomas Jefferson to John Cartwright, 1824. ME 16:44
"Where the law of the majority ceases to be acknowledged, there government ends, the law of the strongest takes its place, and life and property are his who can take them." --Thomas Jefferson to Annapolis Citizens, 1809. ME 16:337
"Absolute acquiescence in the decision of the majority, the vital principle of republics, from which is no appeal but to force, the vital principle and immediate parent of despotism, I deem [one of] the principles of our Government, and consequently [one of] those which ought to shape its administration." --Thomas Jefferson: 1st Inaugural, 1801. ME 3:321
BUT. . .Jefferson was not addressing compliance with the Constitution in those comments. Here he is:
"It was understood to be a rule of law that where the words of a statute admit of two constructions, the one just and the other unjust, the former is to be given them." --Thomas Jefferson to Isaac McPherson, 1813. ME 13:326
"When an instrument admits two constructions, the one safe, the other dangerous, the one precise, the other indefinite, I prefer that which is safe and precise. I had rather ask an enlargement of power from the nation, where it is found necessary, than to assume it by a construction which would make our powers boundless." --Thomas Jefferson to Wilson Nicholas, 1803. ME 10:418
"Where a phrase is susceptible of two meanings, we ought certainly to adopt that which will bring upon us the fewest inconveniences." --Thomas Jefferson: Opinion on Apportionment Bill, 1792. ME 3:208
"The general rule [is] that an instrument is to be so construed as to reconcile and give meaning and effect to all its parts." --Thomas Jefferson to -----, 1816. ME 14:445
"In every event, I would rather construe so narrowly as to oblige the nation to amend, and thus declare what powers they would agree to yield, than too broadly, and indeed, so broadly as to enable the executive and the Senate to do things which the Constitution forbids." --Thomas Jefferson: The Anas, 1793. ME 1:408