Richard Arenberg of Brown University criticizes those who contend the filibuster is “undemocratic and unconstitutional.” According to Arenberg, “‘the possibility that senators elected from 21 states that may contain as little as 11 percent of the U.S. population [can have] an absolute veto power over bills, resolutions and presidential appointments supported by senators who represent 83 percent of the people of the United States'” is not necessarily alarming and certainly not unconstitutional. Those who suggest otherwise, he continues, “misrepresent . . . the founding fathers’ design of the Senate.”
The founding fathers greatly feared the “tyranny of the majority” – and they created the Senate to avoid what they deemed the rule of the mob.
The Senate was the result of the “great compromise” at the 1787 Constitutional Convention, which shaped the body to represent the states. Each state has two senators regardless of its population size – an idea so important to the framers that the Constitution in Article V requires that “no State, without its consent, shall be deprived of its equal suffrage in the Senate.” Therefore, changing the Senate’s composition would, in effect, require unanimous consent of the states, not the usual three-fourths needed to ratify a constitutional amendment.
With two senators representing each state, the idea that a Senate majority must somehow reflect a majority of the population is simply wrong. [More here.]
Mathew Yglesias of Slate Magazine responds: