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Full-Text Articles in Civil Rights and Discrimination
The Voting Rights Paradox: Ideology And Incompleteness Of American Democratic Practice, Atiba R. Ellis
The Voting Rights Paradox: Ideology And Incompleteness Of American Democratic Practice, Atiba R. Ellis
Georgia Law Review
This Essay describes the “voting rights paradox”—the fact
that despite America’s professed commitment to universal
enfranchisement, voting rights legislation throughout U.S.
history has arisen in some states to serve antidemocratic,
exclusionary ends. This Essay argues that this contradiction
comes into focus when the right to vote is understood as having
as an ideological driving force based on worthiness for
admission to the franchise. This ideology of worthiness persists
because the right to vote is dependent on political decisions left
to the political branches and the majority’s willingness to allow
propaganda to influence the scope of the franchise.
Ultimately, this Essay …
Minority Rights And The Electoral College: What Minority, Whose Rights?, David Schultz
Minority Rights And The Electoral College: What Minority, Whose Rights?, David Schultz
Georgia Law Review
The Electoral College as a method of selecting U.S.
presidents was allegedly set up to protect one type of minority
rights—those of slave states and small states—but over time
it has operated to deny the rights of racial and other minorities,
especially given the winner-take-all system of electoral vote
allocation used in forty-eight states. This Essay examines the
history and current operation of the Electoral College, detailing
how, despite its changes, it continues to privilege some forms of
minority rights at the expense of others. The Essay also
indicates how in its current form in forty-eight states, the
Electoral College …