Minority Rule review: rich history of America’s undemocratic democracy

Ari Berman’s new book is a rich history of America’s ambivalent attitude toward majority rule. The founding document declared “all men are created equal”, but by the time a constitution was drafted 11 years later, there was already a severe backlash to that revolutionary assertion.

To prevent the union from disintegrating, free states and big states repeatedly gave in to slave states and small states, producing a constitution that would be adopted by the majority.

The first and worst decision was to give each state two senators regardless of population. Virginia had 12 times the population of Delaware. Today, the situation is vastly worse: California is 63 times bigger than Wyoming. By 2040, Berman writes, “roughly 70% of Americans will live in 15 states with 30 senators, while the other 30%, who are whiter, older and more rural … will elect 70 senators”.

The filibuster, a delaying tactic that led to most legislation requiring 60 votes to pass the Senate – but which has no basis in the constitution – makes the country even more undemocratic. Forty Republican senators representing just 21% of the population have blocked bills on abortion rights, voting rights and gun control supported by big majorities.

The House of Representatives was supposed to be closer to the people than the Senate, which wasn’t even elected by voters when first created. But when the free states placated the slave states by allowing them to count every enslaved Black person as three-fifths of a human being, for the purposes of representation, that increased how many representatives slave states sent to the House.

To Berman, it was “a fundamental contradiction that the nation’s most important democratic document was intended to make the country less