The elector who wins the majority of the popular vote is granted all of the electoral votes for that state. This is referred to as the 'winner takes all' rule and operates in all states except Nebraska and Maine. After the popular vote, the electoral college meets and casts ballots for President and Vice-President. This system was originally introduced to provide for a geographical balance, give states direct representation in the national vote and isolate any potential voting dispute within a specific state boundary. The system has come under attack on many occasions.
Critics argue that it is essentially undemocratic as it renders popular votes unequal.
There is also the potential for the popular mandate to be undermined by the electoral college, though convention requires otherwise. Project Vote Smart - list of links on electoral information. The US Electoral College webzine Federal Election Commission - for constitutional and statutory provisions on the electoral college. The role of the US Federal Judiciary is to decide arguments between adversarial parties, including the government. Through the concept of stare decisis, judicial decisions in the US can act as binding precendents for subsequent decisons.