The Equal Protection Challenge to Winner Take All: A Legal Guide

(1) What’s the practical problem with the winner-take-all system?

(2) The electoral college is part of the Constitution. How could a Court ever invalidate it?

(3) But doesn’t the Constitution give the states “plenary power” to choose their electors however they wish?

(4) Ok, assuming, as Bush states, the “Presidential selection process” is constrained by “one person, one vote,” how does winner-take-all actually deny anyone an equal vote?

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(5) Has the Court really never addressed this issue?

(6) Yes, but didn’t the Supreme Court say that the rule of Bush v. Gore applied to that case only?

(7) If you win, won’t the states just allocate electors at the congressional district level?

(8) If you win, won’t the system become unstable. Won’t third party candidates throw the election into the House?


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law professor, activist.

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