The 15th Amendment to the U.S. Constitution Modifies the Method for Electing Presidents: an Argument

1. Each new amendment to the Constitution modifies the parts of the Constitution which came before.
2. The Fifteenth Amendment to the Constitution holds that "[T]he right of citizens of the United States to vote shall not be denied or abridged by the United States or by any State on account of race, color, or previous condition of servitude . . .[.]"
3. U.S. Constitution Article II, Section 2, Clause 2 provides "Each State shall appoint, in such Manner as the Legislature thereof may direct, a Number of Electors, equal to the whole Number of Senators and Representatives to which the State may be entitled in the Congress . . . [.]
4. It could well follow that any method of selecting electors that denies or abridges the right of citizens to effectively vote because of their race or color is unconstitutional, and that, therefore, the counting of electoral votes arising because of senatorial seats is unconstitutional. The small states that get electoral college power beyond what they would have on account of house seats have proportionally fewer African-Americans eligible to vote than the large ones do.
5. Approximately 12.7% of Americans are African-Americans. Of the states in the Union and the District of Columbia, 17 out of 51 jurisdictions have more than the mean proportion of African-Americans than the nation does. Out of the 538 total electoral votes, the blacker 17 have 217, less than half. U.S. Senatorial seats abridge their power to vote, and, therefore, are unconstitutional.