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55 Ga. L. Rev. 1621 (2020-2021)
Minority Rights and the Electoral College: What Minority, Whose Rights?

handle is hein.journals/geolr55 and id is 1630 raw text is: MINORITY RIGHTS AND THE ELECTORAL COLLEGE: WHAT MINORITY, WHOSE RIGHTS? David Schultz* 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. 1621 *Distinguished University Professor of Political Science and Legal Studies, Hamline University, and Professor of Law, University of Minnesota.

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