The Electoral College | Homework Help from the Bill of Rights Institute

0:00 Every four years on the night of the presidential election, much attention is paid to what’s called the Electoral College, and with good reason, as it’s a crucial part of selecting our nation’s president. What exactly is this electoral college? What is its function? How did it come to be? What role does it play in our constitutional system?

0:21 That’s what we discuss today. This is the Electoral College. [music] In order to understand the Electoral College, we must first go back all the way to the American Revolution.

0:43 Living under what they considered to be the tyrannical reign of George III, American colonists feared the spread of a strong centralized executive power. After America declared its independence, the powers of state governors were weak and the Articles of Confederation did not create an independent executive branch in the national government.

1:03 However, some Americans thought the executive should be strengthened as an independent branch. In 1787, the Constitutional Convention was held in an effort to balance powers between the branches of government. The challenges that resulted from having a weak executive under the Articles guided the framers’ thinking, though they were at the same time concerned

1:25 about creating an overly powerful executive. Many influential debates took place at this convention. These included whether America would have a single or plural president, how long they would hold office, whether they be eligible for re-election, and how the election would be decided. Would the people vote? Would the legislative branch vote,

1:46 or something entirely different? This was major as our young country was deciding how it would choose its executive. The convention ultimately decided that a single president would serve a four-year term and be eligible for reelection. There would not be a direct election, however. Instead, there’d be a college of electors selected by a popular vote within states.

2:08 The electors voted for two individuals, not a party ticket, of a president and vice president. As a rule, the electors could only give one of their votes to a person in their state. Keep in mind that there were no political parties and that the framers wanted nationally recognized candidates. The 12th Amendment was soon ratified and provided the procedure for party ticket voting.

2:29 It was also decided that the number of electors in each state would equal their number of senators and representatives and would be decided through elections. Why did the framers want an Electoral College? There were, in fact, a number of reasons an electoral vote was chosen over a popular one. First, the framers sought to bring reason to the intense passions of the people

2:50 or what Alexander Hamilton called some molt and disorder in Federalist 68. The idea was that the electoral college would be a deliberative body that could more calmly assess the candidates. The framers also feared that a demagogue could potentially manipulate large numbers of people with emotional or corrupt appeals. In Federalist 68,

3:11 Hamilton also called for an obstacle against cabal, intrigue, and corruption, as well as little arts of popularity. The Electoral College would limit this danger by placing a check between these appeals and the people. The third and most important reason was the principle of federalism. James Madison wrote in Federalist 39,

3:32 "The immediate election of the president is to be made by the states and their political characters." By saying this, Madison meant that the interest of states and their inhabitants would be represented by having their voice determine who became president. Now typically, the electors follow the popular vote of the people of the entire state.

3:54 Some states have passed laws to compel electors to follow the popular vote of citizens within their state. However, these laws have been subject to recent lawsuits and their constitutionality is still under dispute. Even then, electors almost always follow popular will. If a candidate does not win a majority of the Electoral College,

4:15 the Constitution stipulates that the election goes to the House of Representatives, where each state, not including the District of Columbia, gets one vote, with the majority as the victor. This is what happened when Thomas Jefferson was elected in 1800, and also when John Quincy Adams won the presidency in 1824.

4:36 Overall, there have been five elections when the President won the Electoral College but lost the popular vote. Currently, there are 535 state electoral votes plus 3 for Washington DC, for a total of 538. 48 states and the District of Columbia have a winner-take-all system,

4:56 meaning that the winner of the state’s popular vote gets all of the electoral votes. However, states can instead choose to have a system of proportional votes. Only Maine and Nebraska currently have this system. Debates on the necessity and usefulness of the college continue to this day. Supporters claim it reflects the constitutional principles our nation was founded on.

5:18 They also argue that it guarantees voters have a say across all geographical areas of the country, rather than just a few large cities. Detractors argue that the College is outdated and that too much weight is given to smaller states. They maintain that a president should be elected by a simple majority of the popular vote. The states can make significant changes

5:39 to the Electoral College, such as how electors are chosen, or whether a state wants to be winner-take-all or proportional. On the other hand, abolishing the Electoral College could only be done through constitutional amendment. When assessing the Electoral College, it’s important to keep in mind Thomas Jefferson’s thoughts in his first inaugural address,

6:00 when he stated, "The will of the majority is in all cases to prevail, but that will to be rightful, must be reasonable." Majority rule is an essential constitutional principle of Republican government, but it must be just, reasonable, and protective of minority rights. The Electoral College was an attempt by the founders

6:23 to reach a balance in this naturally occurring tension. How successful do you think that they were? Thanks so much for joining us guys. This was a story of the Electoral College. Please like, share, subscribe, and comment down below. Bye guys.