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citizens 95 the countermajoritarianism is rooted in two features first the senate s apportionment scheme which apportions seats based on states rather than population resulting in a small state advantage second the filibuster enables a minority of the chamber to block action in the chamber 95 the senate s structure gives states with smaller populations the same number of senators two as states with larger populations historian daniel wirls contends that this structure makes the senate non democratic 10 and levitsky and ziblatt argue that the senate is america s most minoritarian undemocratic institution 96 the disparity in population between the most and least populous states has grown over time in 1790 virginia had 10 times the population of rhode island while california had 70 times the population of wyoming in 2020 97 despite a 1 70 ratio of wyoming to california voters as of 2020 both states are guaranteed two senators u s citizens in the district of columbia and in u s territories have never been represented in the senate 98 99 one analysis of democracies by harvard professors daniel ziblatt and steven levitsky found that only argentina and brazil s upper chambers deviate further from the one person one vote principle than the u s senate does 100 this disparity in representation between large and small states has increasingly favored republicans since the 1960s 101 102 103 with david wasserman estimating in 2018 that democrats would need to keep winning the popular vote by more than 6 to maintain control of the senate 104 elizabeth rusch and daniel lazare argue that the senate s structure gives voters from small states disproportionate influence and allows them to benefit from disproportionate amounts of federal funding when compared to voters from larger states 97 105 ian millhiser argues that the points made in favor of the status quo do not hold up since some states vote the same as large states and that the current system was just a political compromise to unite 13 sovereign nations after the revolutionary war he also documents 21st century examples of how this malaportionment has led to the party receiving the most votes losing control of the senate and as a result the judiciary and predicts the trend looks set to continue and possibly increase 106 by the beginning of the 21st century two thirds of legislatures globally had become unicameral with the remaining upper houses tending to become more representative or less powerful in contrast the u s senate remained an outlier by not following what ziblatt and levitsky refer to as a democratizing trend 107 counter arguments see also federalism pluralism political theory and tyranny of the majority james madison emphasized that the senate serves as a check against the potential tyranny of the majority ensuring that the interests of smaller states are not drowned out by the more populous ones this was despite madison being initially opposed to equal suffrage before coming around to support it 108 in federalist no 62 madison writes about this tradeoff it must be acknowledged that this complicated check on legislation may in some instances be injurious as well as beneficial and that the peculiar defense which it involves in favor of the smaller states would be more rational if any interests common to them and distinct from those of the other states would otherwise be exposed to peculiar danger but as the larger states will always be able by their power over the supplies to defeat unreasonable exertions of this prerogative of the lesser states today while a populous state like texas has the same senate representation as smaller states its delegation in the house of representatives is several times larger than those of many smaller states combined political scientist william f connelly jr in his book james madison rules america the constitutional origins of congressional partisanship argues that this structure provides stability and continuity balancing the rapidly changing political winds of the house of representatives 109 yale legal scholar akhil reed amar in his book america s constitution a biography explains that the senate s structure is integral to the federal system ensuring that smaller states have a voice in the democratic process 110 stanford political theorist bruce e cain writes that equal representation in the senate fosters a more inclusive and representative democracy where diverse regional interests are considered in the legislative process ensuring that legislation must account for a wide array of perspectives promoting broader national cohesion 111 on the one hand some claim the u s senate has a bias against republicans however since 1920 democrats have controlled the senate for about 58 years during most of that period senate democrats earned a larger share of senate seats than their share of the national house vote since filibuster rules were revised in 1975 the democratic party earned filibuster proof supermajorities three times after the 1974 1976 and 2008 senate elections the last time republicans earned the same was in the 1920s equal representation for smaller states was pivotal for the legislative accomplishments of the clinton presidency like the omnibus budget reconciliation act of 1993 and the obama presidency like the affordable care act at a time when democrats earned more seats in lower population states like north dakota south dakota montana west virginia nebraska and iowa 112 in the australian senate senators are elected via single transferable vote proportional representation other nations have adopted comparable structures that provide for equal representation of sub national regions regardless of population these include australia where the senate allocates twelve senators to each of the six original states and two to each territory and switzerland where each canton receives two seats and each half canton receives one seat in the council of states ständerat regardless of population size 113 in south africa a unitary state each of the nine provinces is accorded an equal delegation of ten representatives irrespective of population size in the national council of provinces the upper house of parliament 114 see also divided government in the united states divided control of the us government between political parties edward m kennedy institute for the united states senate educational institution and museum in massachusetts elections in the united states minoritarianism primacy of a minority in decision making notes independent sens angus king maine and bernie sanders vermont caucus with the democratic party 1 alaska for its primary elections only california and washington additionally utilize a nonpartisan blanket primary and mississippi uses the two round system for their respective primary elections not to be confused with proportional representation an electoral system that typically elects multiple members of a party to a legislature based on that party s percentage of a 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