6. A candidate who lost the popular vote has been elected President 5 times in US history. It occurred 3 times in the 19th Century when the elections were thrown into the House of Representatives because the Electoral votes were spread between multiple candidates with no candidate getting a majority. As we all know it has also occurred twice in the last 16 years. The 2000 election was the first time in US history that the candidate losing the popular vote won a majority of the Electoral College outright. Now that has happened again in 2016. The major contributing factors to this outcome are the winner-take-all system of allocating Electors coupled with the growing concentration of the US population in a handful of States. These factors create a substantial risk that a candidate that loses the popular vote would win the Electoral College outright even if the small state advantage did not exist. This election is a clear example of that risk. To be clear, Trump did not win the Electoral College because of a constitutional design, he won because of the winner-take-all system of allocating Electors and that critical legal factor is strictly a function of State law.