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How the Founding Fathers' concept of 'Minority Rule' is alive and well today

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How the Founding Fathers' concept of 'Minority Rule' is alive and well today

A voter leaves a voting booth in Concord, N.H., the during primary election on Jan. 23, 2024.

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A voter leaves a voting booth in Concord, N.H., the during primary election on Jan. 23, 2024.

Timothy A. Clary/AFP via Getty Images

It’s a fundamental tension in a democracy: How do you have majority rule in a way that also protects minority rights? Journalist Ari Berman says the Founding Fathers struggled with that question back in 1787 — except, for them, white male landowners were the minority in need of protection.

“Most of the founders were skeptical of the public’s ability to elect the president directly,” Berman says. “So they created this very complicated situation in which electors would elect the president instead of the people electing the president directly.”

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In his new book, Minority Rule, Berman connects the debates and compromises of the country’s founders to contemporary politics. He says the founding fathers created a system that concentrated power in the hands of the elite and that today, institutions like the Electoral College and the Senate — designed as a check against the power of the majority — are having much the same effect.

Berman notes that in the country’s first presidential election, in 1789, only a small fraction of the population was eligible to vote — and in certain states, voters were only allowed to vote for electors, not the candidates themselves.

Though the right to vote has since been expanded, Berman says the democratic process remains deeply flawed. He points out that in 2000 and again in 2016, the presidential candidate who won the popular vote did not win the electoral vote. Additionally, he says, because the Constitution stipulates that each state gets two senators, regardless of its population, “smaller, whiter, more conservative states have far more power and representation in the Senate then larger, more diverse, more urban states.”

“What we see right now is the same kind of thing, in which a privileged, conservative, white minority is trying to suppress the power of a much more diverse multiracial governing majority,” Berman says. “And that’s a very dangerous situation for American democracy.”

Interview highlights

Minority Rule, by Ari Berman

Farrar, Straus and Giroux

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Farrar, Straus and Giroux


Minority Rule, by Ari Berman

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Farrar, Straus and Giroux

On the Constitution as a flawed document

We venerate the Constitution as a civic religion. I think we would be much greater served to look at the Constitution as a whole document and say, there are some remarkable parts of this document, but there’s also some really flawed parts of this document that we still haven’t corrected. Because the really remarkable thing is that even as America has democratized in the centuries since — and nobody would argue that America isn’t more democratic now than it was back then — some features of the Constitution have become more undemocratic.

On the creation of the Electoral College to uphold minority rule

Most of the founders were skeptical of the public’s ability to elect the president directly. They felt like the public would be uninformed, or it would be chosen by the largest states, or would be chosen by free states in a way that would hurt the South. So it’s interesting, one of the themes that runs through the book and runs through the founding is that these smaller minorities wanted protection. And when I may say smaller minorities, I don’t mean minority groups. I mean the small states wanted protection, the slave states wanted protection, and they felt like they would get that protection in the Electoral College. So they created this very complicated situation in which electors would elect the president instead of the people electing the president directly.

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On how representatives from Delaware scuffled the initial plan to have Senate representation being based on population

James Madison and other prominent framers wanted the Senate to be based on proportional representation, so they wanted it to be based on population. So larger states like Virginia would have more representation than smaller states like Delaware. But the smaller states rebelled. And there’s this amazing moment at the Constitutional Convention where the attorney general of Delaware gets up and he tells the likes of James Madison, if you don’t give us the same representation, we’re going to find a foreign ally who we’re going to join with instead, and we’re going to leave the United States of America. And that was a stunning demand. The idea that they would go rejoin England or they would join France instead, if they didn’t have the same level of representation, meant that the larger states had no choice but to give in to the demand of the smaller states to ratify the Constitution.

But what Madison worried about is that it would allow what he called a more objectionable minority than ever to control the U.S. Senate, because if the smaller states had the same level of representation as the larger states, that was inevitably going to lead to minority rule. And Madison worried that would get worse as more states join the union. And, of course, that’s what’s happened today, where the gap between large and small states is dramatically larger than it was back in 1787.

On how the two Senator per state representation affects minority rule

Just to give you one really stunning stat, by 2040, 70% of the population is going to live in 15 states with 30 senators. That means that 30% of the country, which is going to be whiter, more rural, more conservative, is going to elect 70% of the U.S. Senate. So the trend in the U.S. Senate is becoming more imbalanced and more undemocratic. And what’s really interesting to me is a lot of conservatives want to go back and they want to quote the framers, but they ignore that a lot of the framers, including James Madison, the architect of the Constitution, had grave concerns about some of the institutions they were creating, particularly the structure of the U.S. Senate.

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Lauren Krenzel and Joel Wolfram produced and edited this interview for broadcast. Bridget Bentz, Molly Seavy-Nesper and Meghan Sullivan adapted it for the web.

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‘Scream 7’ takes a weak stab at continuing the franchise : Pop Culture Happy Hour

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‘Scream 7’ takes a weak stab at continuing the franchise : Pop Culture Happy Hour

Neve Campbell in Scream 7.

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The OG Scream Queen Neve Campbell returns. Scream 7 re-centers the franchise back on Sidney Prescott. She has a new life, a family, and lots of baggage. You know the drill: Someone dressing up as the masked slasher Ghostface comes for her, her family and friends. There’s lots of stabbing and murder and so many red herrings it’s practically a smorgasbord.

Follow Pop Culture Happy Hour on Letterboxd at letterboxd.com/nprpopculture

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Smoke a joint and get deep with flowers at this guided floral design workshop in DTLA

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Smoke a joint and get deep with flowers at this guided floral design workshop in DTLA

Abriana Vicioso is the host of the Flower Hour, which takes place monthly.

(Jennifer McCord / For The Times)

Each flower carries a personal history. For Abriana Vicioso, the calla lily was her parents’ wedding flower — a symbol of her mother’s beauty. “She had this big, beautiful white calla lily in her hair,” Vicioso says. “I love my parents. They’re the reason I’m here. I’ll never forget where I came from.”

The Flower Hour begins with Vicioso announcing, with a warm smile: “Today is about touching grass.” The florist-by-trade gestures behind her to hundreds of flowers contained in buckets — blue thistles, ivory anemones and calla lilies painted silver — all twisted and unfurling into the air. “Tonight is going to be so sweet and intimate,” Vicioso says, eyeing the beautiful chaos at her feet. A grin buds across her face.

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Moments before the workshop, participants sit at candlelit tables exchanging horoscopes and comparing their favorite flowers. A mention of the illustrious bird-of-paradise flower elicits coos and awe from the women. Izamar Vazquez, who is from Jalisco, Mexico, reveals her fondness for roses, which make her feel connected to her Mexican roots.

Vicioso hosts her flower-themed wellness workshop near the iconic Original Los Angeles Flower Market in downtown L.A. In January, the first Flower Hour event sold out, prompting her to make it a monthly series. Vicioso describes the event as a “three-part journey” where participants are invited to drink herbal tea, smoke rose-petal-rolled cannabis joints and create a floral arrangement. “The guide is to connect with the medicine of flowers,” Vicioso says.

Rose petal joints, tea and flower arranging are all part of The Flower Hour event's offerings.
Herbal tea is part of the event's offerings.
Floral arranging is the main activity.

Rose petal joints, tea and flower arranging are all part of The Flower Hour event’s offerings.

The event is hosted at the Art Club, a membership-based co-working space. “The Flower Hour is really beautiful. Everyone gets to explore their creativity while meeting new people,” says Lindsay Williams, the co-owner of the Art Club.

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The idea for Flower Hour came to Vicioso during a conversation with her mother. “We joke all the time that flowers were destined to make their way into my life,” she says. She works as a florist and models on the side, even appearing in the pages of Vogue. Vicioso grew up in a Caribbean household, where flowers and offerings were part of daily life. “In my culture and religion, a lot of my family practices — an Afro-Caribbean religion — we build altars.”

Like many cultures, flowers carry sentimental value in her religion. “I’m Caribbean, so a lot of my family practices a Yoruba religion, which comes from Africa. In the Caribbean, it’s well known as Santería.”

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After a difficult year and a breakup, Vicioso wanted to marry her love of flowers with community building. Because Vicioso uses cannabis medicinally, the workshop naturally includes a smoking component. “My family has smoked cannabis for a lot of reasons for a long time. It’s a really healing plant,” she explains.

In the workshop, even the cannabis gets the floral treatment. Vicioso presents her rose-petal-wrapped joints on a silver platter at each table. She rolled each by hand. “If you’ve never smoked a rose-petal-rolled joint, the difference with this is it’s going to have roses that have a slight tobacco effect,” she announces.

During the workshop, Vicioso stresses the importance of buying cannabis from local vendors. The cannabis provided was purchased from a Northern Californian vendor. The wellness workshop aims to reclaim the healing ritual of smoking cannabis. “This is a plant that has been commercialized,” Vicioso says. “There’s a lot of Black and Brown people who are in jail for this plant.”

The resulting workshop is what Vicioso describes as “an immersive wellness experience that is the intersection of wellness, creativity, community and an appreciation of flowers.” The workshop serves as a reminder to enjoy Earth’s innate beauty in the form of flowers — including cannabis. “It’s this gift that the universe gave us for free and that I have this deep connection with,” Vicioso says.

Conversation cards to generate discussion among participants (left). The workshop serves as a "third space" for Angelenos to engage in tactile creativity and community building outside of traditional nightlife settings.
LOS ANGELES, CA -- FEBRUARY 22, 2026: Participants smoke marijuana during The Flower Hour, a floral design workshop + floral smoke sesh at The ArtClub in downtown. Photographed on Sunday, February 22, 2026. (Jennifer McCord / For The Times)
LOS ANGELES, CA -- FEBRUARY 22, 2026: The Flower Hour is a floral design workshop + floral smoke sesh at The ArtClub in downtown. Photographed on Sunday, February 22, 2026. (Jennifer McCord / For The Times)

Conversation cards to generate discussion among participants (top, letf). The workshop serves as a “third space” for Angelenos to engage in tactile creativity and community building outside of traditional nightlife settings.

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After enjoying lavender chamomile tea and smoking a joint, Vicioso introduces the flowers to the group before inviting them to pick their own. She emphasizes each flower’s personality traits, describing green dianthus as a “Dr. Seuss” plant. Then, there are calla lilies with their “main character moment.” It gets personal. “Start thinking of a flower in your life that you can discover,” she says. “If you’re feeling like you need inspiration, you can always remember that these flowers have stories.”

Vicioso infuses wisdom into her instruction on floral arrangements: There are no mistakes. Let the flowers tell you where they want to go, she urges. Intuition will be your guide — the wilder, the better.

“Hecho in Mexico” reads a sticker on a bunch of green stems. “Like me,” says Vazquez with a laugh. “They’re all doing their own thing. Like a family,” she says later, arranging stems.

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The Flower Hour participants and Vicioso, center, chat as they build their own floral arrangements.

The Flower Hour participants and Vicioso, center, chat as they build their own floral arrangements at the sold-out event.

Two participants — Vazquez and Rebeca Alvarado — are friends who run a floral design company together called Izza Rose. Like Vicioso, the friends have a connection to flowers through their Latin American culture. They met Vicioso in the floral industry and were overjoyed to discover her workshop.

“This is a great way to connect with other people,” says Vazquez.

Alvarado agrees, adding: “You’re getting to know people outside of going to bars. You can connect in different ways when there’s an activity.”

Vazquez uses flowers to stay connected to her Mexican heritage, adding that she prefers to support Mexican vendors. In recent months, the downtown L.A. flower market has struggled to recover from ongoing ICE raids. “Some are scared to come back,” says Vazquez.

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Hand-rolled cannabis joints wrapped in rose petals are presented on a silver platter at The ArtClub (top, right). The Flower Hour aims to reclaim the healing rituals of cannabis and flowers.
LOS ANGELES, CA -- FEBRUARY 22, 2026: The Flower Hour is a floral design workshop + floral smoke sesh at The ArtClub in downtown. Photographed on Sunday, February 22, 2026. (Jennifer McCord / For The Times)
LOS ANGELES, CA -- FEBRUARY 22, 2026: The Flower Hour is a floral design workshop + floral smoke sesh at The ArtClub in downtown. Photographed on Sunday, February 22, 2026. (Jennifer McCord / For The Times)

Hand-rolled cannabis joints wrapped in rose petals are presented on a silver platter at The ArtClub (top, right). The Flower Hour aims to reclaim the healing rituals of cannabis and flowers.

Another participant, Barbara Rios, was attracted to the workshop for stress relief. “You can hang out with your friends, but it’s nice to do things with your hands,” she says. “I work a stressful job, and it’s nice to have that third space that we’re all craving.”

On this February night, the participants were predominantly women, save for one man. In the future, Vicioso hopes that more men learn to engage with flowers. “There’s a statistic about men receiving flowers for the first time at their funerals, and I think we have changed that,” she says.

To conclude the workshop, Vicioso encourages participants to build lasting friendships and incorporate flower arranging into their daily practice — even if it’s just with a small, inexpensive bouquet.

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“Get some flowers together, go to the park, hang out with each other and hang out with me,” she says. Participants leave with flower arrangements in hand. In the darkness of the night air, it briefly looks as though the women carry silver calla lilies that are blooming from their palms.

A finished floral arrangement.

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‘Wait Wait’ for February 28. 2026: Live in Bloomington with Lilly King!

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‘Wait Wait’ for February 28. 2026: Live in Bloomington with Lilly King!

An underwater view shows US’ Lilly King competing in a heat of the women’s 200m breaststroke swimming event during the Paris 2024 Olympic Games at the Paris La Defense Arena in Nanterre, west of Paris, on July 31, 2024. (Photo by François-Xavier MARIT / AFP) (Photo by FRANCOIS-XAVIER MARIT/AFP via Getty Images)

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This week’s show was recorded in Bloomington, Indiana with host Peter Sagal, judge and scorekeeper Bill Kurtis, Not My Job guest Lilly King and panelists Alonzo Bodden, Josh Gondelman, and Faith Salie. Click the audio link above to hear the whole show.

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Our panelists tell three stories about a travel hack in the news, only one of which is true.

Not My Job: Olympic Swimmer Lilly King answers our questions about Lil’ Kings

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Olympic Swimmer Lilly King plays our game called, “Lilly King meet these Lil’ Kings” Three questions about short kings.

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Cleaning Out The Cabinet; Bedtime Stacking

Limericks

Bill Kurtis reads three news-related limericks: Getting Cozy With Cross Country Skiing; Pickleball’s New Competition; Bees Get Freaky

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All the news we couldn’t fit anywhere else

Predictions

Our panelists predict, after American Girls, what’ll be the next toy to get an update.

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