Congress is struggling with President Joe Biden's proposals to deal with serious issues facing the country and the world. The Senate's structure is one main reason.
The Constitution provides two U.S. senators per state. This guarantees that senators representing a minority of Americans can stop proposed legislation supported by a majority, and it helped persuade the less populous states to ratify the Constitution.
We all benefit from this, as the Senate's anti-majoritarian design can prevent large state domination and laws based on fickle majority opinion.
The current 50/50 Senate illustrates how this could work. The 22 states with two Democratic senators contain some 169 million Americans, more than half the U.S. population of about 331 million. The 22 states with two Republican senators are home to 126 million Americans, and the six states with one senator from each party total about 35 million.
Count the split states in each column, and the Senate's 50 Democrats represent 204 million Americans while its 50 Republicans represent 161 million Americans, a 56% to 44% split. (These numbers ignore Washington D.C., which has no Senate representation.) If just one of 50 Democratic senators joined 50 Republicans in opposing a bill, it would be blocked.
The Constitution's provision of two senators per state and the diverse conditions from state to state that influence senators are a bulwark against any group of states, or a solid majority of Americans concentrated in more populous states, being able to enact laws that are broadly opposed by less populous states as expressed by whom they elect as senators.
But the power currently lodged in Republican senators could be wielded by senators representing a much smaller minority of Americans in future years. Texas and Florida, the second and third most populous states, each currently have two Republican senators.
If it came to pass that the 50 senators from the smallest 25 states favored a bill, and those from the largest 25 states opposed it (or vice versa) the vice president would break the tie. The smallest 25 states have a population of 53.5 million, which is 16.2% of the U.S. population.