University of Memphis law professor Steve Mulroy explains some of the major problems with the Electoral College, including how demographic clustering leads to “natural gerrymanders” the Constitution’s drafters never anticipated, and how it doesn’t actually protect small states:
“Even where there is no counter-majoritarian result, these electoral features can often lead to a significant “skew” between votes and seats won by a political party, racial minority, or other politically cohesive group.
The skew likely will only get worse, as “demographic clustering” (aka “The Big Sort”) continues, with Democrats overconcentrating in cities, leading to “natural gerrymanders.” By 2040, 30% of Americans will control 70% of the Senate, and they will not be demographically representative of the nation as a whole.
We should be troubled by such results. Elections are designed to measure popular will; they should reflect that will accurately.
The Framers devised the College out of an inherent distrust of common voters; a desire to placate slave-holding states ; and as a compromise between large and small states. None are persuasive today. It’s not even clear the College really does protect small states. Instead, it transfers power to about 10 swing states, only 2 of which are in the bottom half of states by population.”
(via Election Law Blog)