13 Pages Posted: 13 Aug 2009
Date Written: 2002
In this article, Professor Finkelman reflects on the origins of the Electoral College in light of the results of the 2000 election. In 2000, although George W. Bush lost the popular vote, he was still able to capture the presidency due to his majority in the Electoral College. Professor Finkelman dispels the two most common myths about the creation of the Electoral College: (1) that it was meant to protect the smaller states and (2) that the Founders mistrusted the general public. In fact, Professor Finkelman holds that the Electoral College is directly related to the 3/5 compromise and is an antiquated relic of slavery that is in need of reevaluation.
Keywords: Electoral College, George W. Bush
Suggested Citation: Suggested Citation
Finkelman, Paul, The Proslavery Origins of the Electoral College (2002). Cardozo Law Review, Vol. 23, 2002. Available at SSRN: https://ssrn.com/abstract=1447478