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.