Dem
51
GOP
49
Two weeks ago we ran an item about how 29 states have a supermajority in the state legislature, and can thus run roughshod over the governor, even if the governor is from the majority party but not as extreme as the legislature. Lots of material has been written about the supermajorities and all their plans to remake their states. But very little has been written about what it is like to be in a tiny, powerless superminority. Why do they even bother to show up for work, other than to collect a paycheck (which in some states isn't even very much)?
Politico thought it might be interesting to talk to some of the tiny minorities, even if all that comes out is a human-interest story of a different kind of oppressed minority. Wyoming is a good place to start, since the state Senate has 29 Republicans and two Democrats. This means Minority Leader Sen. Chris Rothfuss (D-Laramie) is the boss over only one other member, Mike Gierau (D-Jackson). Laramie is home to the liberal University of Wyoming's main campus and Jackson is an upscale artsy-poo town that serves as a gateway to Yellowstone National Park and where many rich liberals live. Rothfuss and Gierau can caucus over a cup of coffee in a restaurant booth and make plans about how to minimize the damage the other 29 senators are concocting, but they rarely get anything done, although not for lack of trying. Rothfuss said of the supermajority: "It's bad for democracy, it's bad for the people. There is nothing positive about supermajority control." Together they represent 6.5% of the Senate, even though Joe Biden got 27% of the vote in Wyoming in 2020. Thank gerrymandering for that disparity.
Being in a superminority cuts both ways. The Hawaii state Senate has 23 Democrats and 2 Republicans. There are three Democrats in the West Virginia Senate and three Republicans in the Massachusetts Senate. All of these tiny minorities are the result of gerrymandering as even in the most extremely partisan states, at least a quarter of the voters vote for the minority party.
One reality of life as a superminority is that the majority simply doesn't take the minority into account at all. Just getting an amendment considered is a huge problem. Getting it approved is extremely unlikely, unless the majority actually forgot something that the amendment corrects. When members of the superminority try to speak on the floor, their microphones are cut off. They have trouble submitting bills, none of which have a chance anyway. They are the butt of jokes. Rep. Michael Chippendale, one of nine Republicans in the 75-member Rhode Island House, said he walks into the chamber every day knowing that he is going to lose. It can get discouraging after a while. Arkansas Sen. Democrat Clarke Tucker, one of only six in the 35-member Senate, said: "It's physically grueling and emotionally exhausting. By the time the session is over I'm completely spent at every level. It's tough, there's no question about it."
Sen. Mike Caputo, one of West Virginia's three Democrats, said: "I'll put it to you bluntly—it really sucks." In his case it is especially painful because Caputo was once part of the Democratic supermajority 30 years ago and is now part of the Democratic superminority. He knows how it used to be. Some of the younger members know no other world than the current one.
One strategy all superminorities use is to try to exploit divisions within the majority. It is not unusual for the majority to be divided and sometimes no faction has the votes to get anything done. In those cases, adding a few votes from the minority can be just enough to pass legislation, and the minority can get some concessions in exchange for their votes. In practice, superminority members are more effective at joining with a faction of the supermajority to kill "bad" legislation, rather than to pass "good" legislation.
Some superminority members are resigned to it and are more practical. Massachusetts Republican Sen. Patrick O'Connor said he often bucks the national Republican Party and votes with the Democrats in the hopes of them liking him and steering more money to his district.
Most of the time, the interactions between the parties tend to be peaceful, as long as the minority members know their place. However, once in a while, a member of the minority does something that the majority doesn't like and the majority takes action. In Tennessee, for example, the majority recently expelled two Democrats for protesting about gun violence in the state. But even when members are not being expelled, it's a tough life. (V)