A Constitutional Defense of the Electoral College and the Election of the American President

ABSTRACT

As the year 2000 American presidential election came to its conclusion, the Electoral College once again found itself under attack by critics, academics, and politicians. It was criticized as being archaic, flawed, and undemocratic. Calls for its abolition pointed to the principle of “one person, one vote” that had transformed contemporary political participation in the United States over the last century. However, calls for a system of presidential selection based on a pure form of popular democracy can lead to unintended and undemocratic outcomes. By examining the Electoral College in its constitutional as well as its political context this study finds that the Electoral College, rather than subverting democracy, preserves it in ways that are both enduring and significant. Those who suggest amending the Constitution need to confront the many negative consequences of jettisoning the present system of American presidential selection.