Monthly Archives: January 2020

Minority Rule is the law of the land

In the lifetime of a current college student, a minority of voters have twice selected the president of the United States. In 2000 Al Gore received about half a million more votes than George Bush but Bush was elected president. In 2016, Hillary Clinton got about three million more votes than Donald Trump yet Trump is the president. This has happened on only three other occasions out of forty-five total times.

Currently the Republican party controls fifty-three votes in the Senate, the Democrats and Independents who caucus with them hold forty-seven. Although the Republicans control the majority of votes in the Senate, they represent only forty-four percent of the voters in the United States. We have minority rule in both the presidency and the US Senate.

This disparity in who decides the law of the land was a result of the “Great Compromise” between the power and influence of the small versus large states. The members of the house of representatives often referred to as the peoples’ house, are elected by popular vote. Each House member, regardless of what state they are from, represents about three-quarters of a million people. The Senate is different. Each state gets two senators regardless of size.

At the time of the writing of the constitution, the difference between the populations of the most and least populous states was not as great as today. The ratio of votes in the most populous state, Virginia, was nineteen times the votes in the least populous state, Georgia. Now, California has nominally seventy times as many voters as Wyoming.

The imbalance of votes in the electoral college follow from the imbalance in the Senate. Each state gets electors equal to the number of representatives and senators. An electoral vote is California is worth only one-fifth that of a vote in Wyoming when population is considered.

Compounding the problem is the fact that most states award electoral votes on a winner take all basis. The states get to decide how to apportion popular vote to electors to the electoral college.

Voters in small states have more “electoral oomph” when it comes to electing the president and the composition of the Senate. We currently have minority rule in the presidency, the Senate and the courts due to the responsibility of the Senate to approve federal judges at all levels. Democracy is only found in the House of Representatives. Elsewhere, the minority is thwarting the will of the majority.

Any remedy is hard to come by. Direct election of the president by popular vote would go along way to alleviate the issue of the electoral college but requires amending the constitution. Some argue that the direct election of the President is impractically complex but we do it in every other jurisdiction in the country.

Fixing the disparity in representation in the Senate is even more difficult. Breaking up the big states into smaller pieces by creating senate districts would work. Likewise combining the smaller states into super senate regions is possible. Neither of these is likely – as in now way Jose.

Dr. Bob Allen is Emeritus Professor of Chemistry, Arkansas Tech University.

There’s a Reason for Regulations

In 1516, Duke Wilhelm IV decreed that beer can have only four ingredients: barley, hops, water, and yeast. This regulation, Reinheitsgebot, persists to this day in Germany. The absence of regulations follows the dictum of caveat emptor, the principle that the buyer is solely responsible for ensuring the quality and suitability of goods to be purchased.

If you are buying apples or oranges, it isn’t all that difficult to tell just what you are buying, but in an increasingly complex society with the range of foods and especially drugs, it isn’t so easy. For decades preceding the turn of the twentieth century, the government struggled with protecting us from harm. The Pure Food and Drug Act was passed in 1906 and with it was the creation of the Food and Drug Administration (FDA.)

About this time agriculture was shifting from subsistence farming to larger corporate operations. Increasingly, processing of foods made them less easily identifiable as pure. The muckraking novel “The Jungle” by Upton Sinclair was published in 1905. The novel highlighted the exploitative and unsanitary conditions in the meatpacking industry.

Since that time our food and drug supply have become much safer due to a myriad of regulations by the FDA and the Agriculture Department. Drugs must pass rigorous testing for purity and efficacy and the United States Department of Agriculture (USDA) has been charged with among other things inspecting the meatpacking industry. But with regulations come costs. The fact that meat from infected carcasses doesn’t end up at the grocery store or toxic and carcinogenic molds don’t contaminate peanuts are the result of regulations.

Ronald Regan once famously said let business be business, implying that regulations were stifling commerce. This began the legitimization of deregulations to streamline government involvement in business. The Trump has carried this torch onward. Warning letters, a key tool to keep dangerous drugs or tainted food off the market have fallen by one-third since Trump took office. The rarer but more strict injunctions have also dropped by close to thirty percent.

Deregulation in the meatpacking industry includes allowing faster processing of carcasses and a reduction of the number of USDA inspectors. In some plants, the USDA inspectors have been replaced entirely by plant employees. Do you really think that a meatpacker whose business is to profit from packing meat will view an infected or contaminated carcass with the same critical eye as an inspector paid by the USDA?

The deregulatory zeal goes far beyond food and drugs. The laws and regulations which protect our air and water are under assault. Overturning the Obama era Clean Power Plan means there will be more Mercury in our water, and more Ozone in our air just to name two.

Other actions include allowing greater occupational exposure to toxic substances, and an increase in allowed “accidental release” of toxic materials. Regulations protect us from harm. Business may not like them, and they may cause a small increase in the costs of goods and services but overall they make our society safer. It’s called civilization.

Dr. Bob Allen is Emeritus Professor of Chemistry, Arkansas Tech University.