Who would ever have predicted that the Electoral College would attract so much public discussion, let alone the last-ditch hope of the anti-Trump fanatics? Given so many misstatements about it, let me briefly set the record straight.
Begin with the argument that the Founders intended the Electoral College to act as a final quality control review board to weed out unfit demagogues – that is, Donald Trump. This is a complete lie, though some pundits quote Alexander Hamilton’s Federalist 68 in support of this “final judge,” argument, an argument lacking any legal standing. The Constitution stipulates only a single qualification – electors cannot at the time of their vote hold federal office (Article II, Section 1). Nothing is said about age, experience, background, or any other trait implying an ability to reject the unworthy. Especially relevant, there has never been any effort to enshrine this talent into laws. Picking judicious, independent-minded electors is a non-issue. The opposite is true – electors overwhelmingly tend to be party stalwarts.
Equally dubious is the oft heard claim from Hillary’s fans that the College is inherently undemocratic, and since Clinton won the popular vote, the only true measure of democracy, she “really” won the election, and Trump’s electors ought to honor “democracy” by stepping aside for Hillary. Totally false.
Prior to the Constitution’s final form, the mechanism to choose our chief executive went through multiple versions and direct election was considered and then rejected. Opponents believed that such a mechanism in a vast nation lacking decent communications would cede power to only a few wealthy notables whose resources permitted a nationwide campaign. Rather than being the authentic voice of the people, this plebiscite would, in the words of South Carolina delegate Charles Pinckney (1757-1824), be led by “a few active and designing men.” In other words, the staggering cost of a “national” campaign guaranteed plutocracy, not popular rule. By comparison, appealing to a hundred or so legislatively selected electors, though hardly easy, was at least possible for candidates lacking wealth and a towering nationwide reputation.
Moreover, in the context of the day, allowing state legislatures – not the voters acting directly – to choose electors was widely viewed as a democratic mechanism since state legislatures were dominated by farmers, tradesmen, small merchants, and other “ordinary” people. Nor is there anything undemocratic about legislatures’ delegate power, including the power to choose a president. To further avoid “a dangerous tendency to aristocracy,” the Constitution also authorized the directly elected House, not the Senate, to elect the president if no candidate secured a majority of the Electoral College vote. On balance, the Electoral College is a democratic element of the Constitution.
What about candidates winning the Electoral College vote but losing the popular vote, as occurred with Trump and Clinton plus the past elections of 1824, 1876, 1888, and 2000? Surely, this is smoking-gun proof of the Electoral College’s anti-democratic nature. Not quite. The Constitution is silent about how state legislatures choose electors, and in the Republic’s early years, states used a district system where the state was divided into districts where each district picked a single elector. In fact, a similar system is currently used by Maine and Nebraska (four electors each) – you get a single electoral vote by winning a congressional district and then two for winning the state overall.