Publication Date
2021
Abstract
The Electoral College as a method of selecting U.S.
presidents was allegedly set up to protect one type of minority
rights—those of slave states and small states—but over time
it has operated to deny the rights of racial and other minorities,
especially given the winner-take-all system of electoral vote
allocation used in forty-eight states. This Essay examines the
history and current operation of the Electoral College, detailing
how, despite its changes, it continues to privilege some forms of
minority rights at the expense of others. The Essay also
indicates how in its current form in forty-eight states, the
Electoral College suppresses minority votes. Even though
Georgia in 2020 appeared to show rising political efficacy for
African American voters, the future of minority voting rights in
presidential elections is still in trouble if the Electoral College
in its present form continues to operate.
Recommended Citation
Schultz, David
(2021)
"Minority Rights and the Electoral College: What Minority, Whose Rights?,"
Georgia Law Review: Vol. 55:
No.
4, Article 6.
Available at:
https://digitalcommons.law.uga.edu/glr/vol55/iss4/6