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Imperfect Union


THE HIDDEN BIASES AT PLAY IN THE U.S. SENATE


PEOPLE OF COLOR GET SIGNIFICANTLY LESS REPRESENTATION THAN WHITE VOTERS. AND
THAT’S NOT THE ONLY WAY THE SENATE IS SKEWED.


Sébastien Thibault for The Washington Post
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By Dan Balz, 
Clara Ence Morse and 
Nick Mourtoupalas
Nov. 17 at 6:00 a.m.

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The United States Senate was never designed to represent all people equally. But
over recent decades, it has become unrepresentative in ways the founders could
not have imagined.

In the negotiations that created the Constitution, the House was to be
apportioned proportionally, based on the population of the state. When a
proposal was offered to apportion the Senate in the same way, representatives
from the less populated states objected.

The solution is what became known as the Great Compromise, a Senate that was
designed to treat every state equally, regardless of population: two senators
for the states with the least population, two senators for the states with the
most population.

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IMPERFECT UNION

A series examining the ways Americans feel unrepresented by a political system
struggling with a collision of forces both old and new.
Read more about the project here.
End of carousel

The new nation in 1790 consisted of 13 states arrayed along the Eastern
Seaboard, with political parties still in their infancy. At that time, only
White male landowners could vote. Today the United States is a transcontinental
behemoth. It’s increasingly diverse, with the franchise open to adult citizens,
regardless of race or landowning status. And it’s increasingly sorting itself
along rigid partisan lines.

The result of the country’s evolution has been a Senate that suffers from three
fundamental imbalances, according to a Washington Post data analysis of
population growth, demographic changes and shifts in voting patterns.

First, the disparities in power among voters in different states have widened as
states have grown unevenly. Second, because of demographic distribution, White
voters now have substantially greater influence than voters of color. And
finally, in recent decades, Republican senators have maintained majority control
even when they represent a minority of Americans. That’s because more
Republicans than Democrats are elected in the least populous states.

Though not the sole reason, these imbalances have contributed to the Senate’s
inability to enact legislation that enjoys popular support, from voting rights
to gun safety laws. Proposals with widespread support among voters of color have
been particularly stymied. The Senate’s distortions are also a factor in
perceptions, especially among people on the political left, that the Republican
Party and its constituencies enjoy outsize power over essential democratic
processes, including the confirmation of Supreme Court justices.

As the country continues to gain population and become more diverse, none of
these phenomena appear to be going away.

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EXPLOSIVE BUT UNEVEN GROWTH

The first factor to consider in understanding the Senate’s imbalances is the
sheer growth of the country and, particularly, where it’s been concentrated.

In 1790, Virginia, the most populous state, had roughly 13 times the population
of Delaware, the least populous, with a difference of about 700,000 people.

Population by state from 1960 projected to 2040, highlighting California, Texas
and Florida as the states with most growth in that time period, in that order.

Population by state

Population

projection

50M

CA

TX

40M

30M

FL

20M

10M

0

1960

1980

2000

2020

2040

Population by state

Population

projection

50M

CA

TX

40M

30M

FL

20M

10M

0

1960

1970

1980

1990

2000

2010

2020

2030

2040

Population by state

Population

projection

50M

CA

TX

40M

30M

FL

20M

10M

0

1960

1970

1980

1990

2000

2010

2020

2030

2040

Population gap between the largest and smallest state by year

Population by state

Population

projection

50M

40M

Most

populous

state

30M

20M

Population difference

17M

46M

39M

10M

Least populous state

0

1960

1980

2000

2020

2040

Population by state

Population

projection

50M

Most populous state

40M

30M

20M

Population difference

17M

39M

46M

10M

Least populous state

0

1960

1970

1980

1990

2000

2010

2020

2030

2040

Population by state

Population

projection

50M

40M

Most populous state

30M

20M

Population difference

17M

46M

39M

10M

Least populous state

0

1960

1970

1980

1990

2000

2010

2020

2030

2040

Population rank change from 1960 projected to 2040, highlighting the top three
(Alaska, Wyoming and Vermont) and bottom three (California, Texas and Florida)
states.

Ranking of states by per

capita Senate representation

Population

projection

AK

50M

WY

VT

40M

30M

States generally lose power

as they grow in size.

20M

10M

FL

TX

CA

0

1960

1980

2000

2020

2040

Ranking of states by per capita Senate representation

Population

projection

1st

AK

1

2

2

WY

VT

10th

20th

States generally lose power

as they grow in size.

30th

40th

FL

TX

CA

50th

50

50

50

1960

1970

1980

1990

2000

2010

2020

2030

2040

Ranking of states by per capita Senate representation

Population

projection

1st

AK

1

2

2

WY

VT

10th

20th

States generally lose power

as they grow in size.

30th

40th

FL

TX

50th

50

50

CA

50

1960

1970

1980

1990

2000

2010

2020

2030

2040

But since 1960, the populations of America’s three most populous states,
California, Texas and Florida, have all skyrocketed.

As a result, there is now a staggering difference in size between America’s most
and least populous states. In 1960, the difference was just 17 million. But
today, it’s 39 million. By 2040, that gap is expected to be 46 million.

This has created a representation problem in the Senate. If you are a resident
of California, with 68 times the population of Wyoming, your influence in the
Senate is paltry.

It’s not only the megastates. Citizens in states like Nevada, Arizona and
Georgia have all seen their relative influence diminished as their populations
have grown.


UNDERREPRESENTED PEOPLE OF COLOR

This imbalance in power due to overall population is complicated by a second
factor: the changing makeup of the country.

America was hardly a diverse nation when it was founded in the late 18th
century, certainly not in the way we think of it today. According to the 1790
census, the population numbered 3.9 million people, 81 percent of them White.
Enslaved Blacks counted as only three-fifths of a citizen and had no right to
vote. Women could not vote. Indigenous people at the time lived as
semi-independent nations.

Today, in a country of more than 330 million people, Whites, at 59 percent,
remain in the majority. But the demographic composition of the country is
changing, with non-White groups growing faster than the White population. By
2044, according to estimates, America will be a majority-minority nation.

And the most populous states, with few exceptions, also happen to be the most
diverse. California is 40 percent Hispanic, 34 percent White, 16 percent Asian
and 6.5 percent Black, according to the 2020 census. Wyoming is 83 percent
White. This racial disparity between the most and least populous states has
created a dramatic imbalance in terms of who is represented in the Senate.

Voter representation graphic

in Wyoming had similar

In 2021, 1 person

influence to...

68 people in California

Hispanic

Black

White

Asian

Other

50 people in Texas

Hispanic

Black

White

Asian

Other

37 people in Florida

Hispanic

Black

White

Asian

Other

in Wyoming had similar influence to...

In 2021, 1 person

68 people in California

Hispanic

Black

White

Asian

Other

50 people in Texas

Hispanic

Black

Asian

White

Other

37 people in Florida

Hispanic

Black

White

Asian

Other

White Americans are significantly overrepresented in the Senate today — by 14
percent, according to The Post’s analysis. An examination of the nation’s most
and least populous states helps explain why: Whites make up 46 percent of the
population of the five most populous states, but they account for 78 percent of
the population of the five least populous states. Similarly, Hispanics make up
31 percent of the population in the five most populous states but 5 percent in
the five least populous states.



The fact that the most populous states are the most diverse means that the
voices of non-White voters are further diluted, adding another layer to the
disadvantage of people living in them.

This imbalance has become especially pronounced since 1960, a period that
overlaps with the civil rights era and laws that helped to enfranchise more
Black voters after a century of post-Civil War discrimination.

The current demographic imbalances hark back to early compromises in the
creation of the Constitution that protected the continuation of slavery.
“Keeping those power structures in place maintains a particular racial hierarchy
that’s existed in the country for a long time,” said Jennifer N. Victor, a
political science professor at George Mason University.


A GOP EDGE

The third factor contributing to an unrepresentative Senate is that a political
party can be in the majority yet represent only a minority of the population, a
phenomenon known as minority rule. Because the founders created the Constitution
in the absence of political parties, this is a problem they could not have
anticipated. But it is front and center in the dialogue and debate about whether
today’s federal government is as representative as it was intended to be.

Republicans have reaped the benefits of a skewed Senate. In the last
quarter-century, when Republicans have had a majority in the Senate — as they
have for about half that time — they have never represented a majority of the
population, according to a Washington Post analysis.



What brought this about? Not so long ago, many states, regardless of population,
sent divided delegations to the Senate. Today, in a polarized political
environment, with voting for the Senate closely following state voting patterns
for president, most Senate delegations are unified: two Republicans or two
Democrats, with an occasional independent joining someone from one of the two
main parties. In 1981, 24 states sent divided delegations to the Senate. In the
current Senate, just five states have politically split delegations. In three of
those states — Montana, West Virginia and Ohio — Trump won in 2020, and
Republicans have an opportunity in 2024 to make their Senate delegations unified
for the GOP. Should they succeed, Senate control will likely flip.

As this shift toward unified delegations has been happening, a partisan divide
has emerged between the most and least populous states that has worked to the
advantage of the Republican Party. Republicans have become the dominant party in
many less-populated, rural states. Both North Dakota and South Dakota, for
example, sent Democrats to the House and Senate a few decades ago. Today they
are solid red states. More populated and more urban states — such as Illinois
and California — have become more consistently Democratic in recent decades.
This has allowed Republicans representing a minority of the population to gain
majority control in the Senate.

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SHAPING OUTCOMES

One area where this issue of minority rule has had a profound effect is on the
Supreme Court. Four of the nine justices — all Republican appointees — have been
confirmed by senators representing a minority of the population. That’s given
the high court a 6-3 conservative majority, despite Democrats winning the
popular vote for the presidency in seven of the past nine elections. Under this
conservative majority, the court has ended the constitutional right to an
abortion and eliminated affirmative action at colleges and universities.

The Supreme Court is not the only arena to feel the effects of minority rule.
Under former president Donald Trump, nearly half of the people nominated for key
positions in the government — officials with powers to shape such things as
environmental rules and business regulations — were confirmed by senators
representing a minority of the population. And one of Trump’s signature pieces
of legislation, his 2017 tax cuts, passed with the votes of 51 senators
representing just 44 percent of the country.

Policy ideas that enjoy broad support among the population, meanwhile, can
languish or die in the Senate at the hands of senators representing a minority.
One example is the lack of action on gun safety laws despite significant public
support.

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Sarah Binder, a political science professor at George Washington University,
noted that because of the Senate’s partisan and racial distortions, proposals
important to non-White voters can be especially susceptible to being blocked.

“The question is, are there particular issues that get caught in that vise that
have direct implications for people of color?” Answering her own question, she
cited immigration and voting rights; major initiatives on both fronts have at
different times died in the Senate, though the Senate did pass immigration
reform that later was blocked in the House.

Whenever there is talk of a broken Senate, critics point to the use and abuse of
the filibuster as a prime example. The filibuster, which effectively requires a
60-vote supermajority to pass most major legislation, is a tool that a minority
in the Senate has long used to stall or stop legislation, even though it is not
in the Constitution. Often employed by southern senators in an effort to block
passage of civil rights legislation, use of the filibuster grew significantly
over the past decade, affecting all kinds of legislation and contributing to a
Senate that is less productive today.



Congress as a whole also is less productive in passing new laws in part because
both the Senate and House are narrowly divided between the parties — an offshoot
of a closely divided nation.

There is no simple solution to a Senate that today is less representative than
it has ever been. Few believe there is any prospect of changing the
two-senators-per-state arrangement. Eliminating or reforming the filibuster has
made little progress in recent years. Most Democrats favor statehood for Puerto
Rico and the District, presuming that would add four Democratic senators to
offset the current Republican structural advantage. Bills to do that have passed
through a Democratic-controlled House but have no path to 60 votes in the
Senate.

The result is the Senate of 2023, in which an institution never designed to be
fully representative has become even less so, leaving many more citizens with a
diminished voice in the body’s decisions — and in the country’s future.

Monika Mathur contributed to this report.

ABOUT THIS STORY

Historic state-level population data is from the U.S. Census, while state-level
population projections through 2040 are from the Demographics Research Group at
the University of Virginia Weldon Cooper Center for Public Service. State-level
race data is from Integrated Public Use Microdata Series USA.

The Post sourced information about historic Senate composition from the
congress-legislators database. The Post’s count of senators in each year
represents the composition of the Senate on Jan. 31 of that year, with two
exceptions: Al Franken is counted in the 2009 Senate and Norris Cotton is
counted in the 1975 Senate.

The Post used GovTrack data to track which senators voted for particular bills.

This story is part of Imperfect Union, a series examining the ways Americans
feel unrepresented by a political system struggling with a collision of forces
both old and new.

Reporting by Dan Balz. Data analysis by Clara Ence Morse. Editing by Griff Witte
and Sarah Frostenson. Copy editing by Kathy Orton. Project editing by KC
Schaper. Graphics by Nick Mourtoupalas. Graphic editing by Adrian Blanco Ramos.
Design by Courtney Beesch. Design editing by Betty Chavarria. Data editing by
Anu Narayanswamy. Additional editing by Philip Rucker. Research by Monika
Mathur.

3322 Comments
Dan BalzDan Balz is chief correspondent at The Washington Post. He has served as
the paper’s deputy national editor, political editor, White House correspondent
and Southwest correspondent. Twitter|
AddFollow
Clara Ence MorseClara Ence Morse is an intern with the Data team at The
Washington Post. She joined The Post last summer as the Investigative Reporting
Workshop intern with the Data team, and previously served as the editor in chief
of the Columbia Daily Spectator. She lives in Washington, D.C. Twitter
Nick MourtoupalasNick Mourtoupalas is a Graphics Reporter for The Washington
Post.


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