Electoral College Equal Protection Clause

And giving unequal electoral college weights to the many states violates the 14th amendment s equal protection clause.

Electoral college equal protection clause. But the real inequality of the electoral college is created by the winner take all. Gore 2000 held that these state elections to the electoral college must. Five justices went on to interpret florida law as preferring a final certification by december 12 the deadline for falling within the so called safe harbor protection to a more accurate recount by december 18 the date that electors actually vote.

The court majority found that the recount scheme violated the equal protection clause. This subject said james wilson referring to the issue of the manner in which the president was to be selected has greatly divided the house and will also divide people out of doors. The electoral college must yield to one person one vote.

But if there should remain two or more who have equal votes the senate shall chuse from them by ballot the vice president. The 14th amendment would invalidate the electoral college if the electoral college were ruled to be contrary to the equal protection clause. We are all americans.

The equal protection clause doesn t guarantee complete democracy or equality but it has been interpreted to mean one person one vote. Thus while california has a population that is 66x wyoming but only gets 18x the electoral college votes. That s why his organization equal citizens launched a project called equal votes to sue in four states last week arguing that the winner take all electoral college system violates the.

Even the conservative majority in bush v. If we are to have equal protection under the law then votes should be counted without regard to where a voter lives. So if all votes are counted equally there s no problem.

Electoral college the electoral college was one of the compromises by which the delegates were able to agree on the document finally produced. The equal protection argument against winner take all in the electoral college the constitution doesn t require the electoral college to count votes the way it traditionally has. Which day shall be the same throughout the united states.