Minority Rights and the Electoral College: What Minority, Whose Rights?

The Electoral College as a method of selecting U.S.presidents was allegedly set up to protect one type of minorityrights—those of slave states and small states—but over timeit has operated to deny the rights of racial and other minorities,especially given the winner-take-all system of electoral voteallocation used in forty-eight states. This Essay examines thehistory and current operation of the Electoral College, detailinghow, despite its changes, it continues to privilege some forms ofminority rights at the expense of others. The Essay alsoindicates how in its current form in forty-eight states, theElectoral College suppresses minority votes. Even thoughGeorgia in 2020 appeared to show rising political efficacy forAfrican American voters, the future of minority voting rights inpresidential elections is still in trouble if the Electoral Collegein its present form continues to operate.