The 1787 Compromise
The Electoral College was not designed as a democratic institution. It was a compromise between those who wanted Congress to choose the president and those who wanted direct popular election. It also protected the political power of slave states.
// Constitutional Convention debates
PROPOSALS_REJECTED:
- Congressional_selection // Too much legislative power
- Direct_popular_vote // "Mob rule" fears + slave state disadvantage
- State_legislature_choice // Federalism concerns
COMPROMISE_ADOPTED:
Electoral_College:
electors_per_state = senators(2) + representatives(variable)
// Slave states get extra power via 3/5 clause
// The slave state advantage
STATE virginia:
free_population = 454,983
enslaved_population = 292,627
IF direct_popular_vote:
voting_power = free_population
IF electoral_college:
voting_power = free_population + (enslaved_population * 0.6)
// 175,576 additional "representation" from people who cannot voteWinner-Take-All: The Unwritten Rule
The Constitution doesn't require winner-take-all allocation of electoral votes. States adopted it to maximize their influence, creating a race to the bottom that concentrates presidential campaigns in a handful of "swing states."
First Election
States use various methods: legislative appointment, district voting, mixed systems.
Winner-Take-All Spreads
States adopt WTA to maximize influence. By 1836, all but SC use popular vote with WTA.
Bush v. Gore
537 Florida votes determine presidency. Winner-take-all makes small margins decisive.
Clinton Wins Popular Vote
2.9 million vote margin insufficient. Electoral College produces opposite winner.
// Winner-take-all distortion example: 2020
FUNCTION analyze_vote_efficiency():
california:
biden_votes = 11,110,639
trump_votes = 6,006,518
margin = 5,104,121
electoral_votes_won = 55
// Biden's "excess" votes beyond winning:
wasted_votes = margin - 1 // Over 5 million
wyoming:
trump_votes = 193,559
biden_votes = 73,491
margin = 120,068
electoral_votes_won = 3
// Vote weight comparison
wyoming_voters_per_ev = 266,000 / 3 = 88,667
california_voters_per_ev = 39,500,000 / 55 = 718,182
// A Wyoming vote is worth 8x a California voteThe Small State Advantage
Every state gets two electoral votes for its senators regardless of population. This "Senate bonus" gives small states disproportionate influence, systematically advantaging rural, whiter states over urban, diverse ones.
// Electoral vote allocation
FUNCTION calculate_electoral_votes(state):
house_seats = apportion_by_population(state.population)
senate_seats = 2 // Fixed regardless of population
total_ev = house_seats + senate_seats
RETURN total_ev
// The distortion
FUNCTION calculate_representation_ratio():
STATE wyoming:
population = 576,851
electoral_votes = 3
people_per_ev = 192,284
STATE california:
population = 39,538,223
electoral_votes = 55 // Should be 68 without senate bonus
people_per_ev = 718,876
// Wyoming representation advantage
advantage_ratio = 718876 / 192284 = 3.74x
// Impact: Small states collectively have ~22 "extra" electoral votes
// This is often the margin of victoryFaithless Electors
Electors are actual people who cast the official votes. Historically, some have voted contrary to their state's popular vote. In 2020, the Supreme Court ruled states can bind electors—but enforcement varies.
// Chiafalo v. Washington (2020)
RULING:
States MAY bind electors to state popular vote
States MAY penalize faithless electors
States MAY remove and replace faithless electors
// Current state of play
FUNCTION elector_binding_status():
states_with_binding_laws = 33
states_that_penalize = 15
states_that_replace = 14
states_with_no_restrictions = 17
// Potential chaos scenario
IF election_margin < faithless_elector_count:
outcome = CONTESTED
resolution = UNKNOWNThe National Popular Vote Interstate Compact
Since constitutional amendment is nearly impossible, reformers have pursued the National Popular Vote Interstate Compact—an agreement among states to award their electoral votes to the national popular vote winner.
// National Popular Vote Interstate Compact
COMPACT npvic:
trigger_condition = member_states_ev >= 270
IF triggered:
FOR state IN member_states:
electoral_votes -> national_popular_vote_winner
// Effect: Electoral College exists but is neutralized
// Popular vote winner guaranteed to win
// Current status (2024)
member_states = [
CA(54), CO(10), CT(7), DC(3), DE(3), HI(4),
IL(19), MA(11), MD(10), ME(4), MN(10), NJ(14),
NM(5), NY(28), OR(8), RI(4), VT(3), WA(12)
]
current_ev_total = 209
needed_to_trigger = 270 - 209 = 61
// Challenges
legal_questions = [
"Does Compact Clause require Congressional consent?",
"Can states bind future legislatures?",
"Would courts enforce if result is contested?"
]MODULE_03 // KEY_TAKEAWAYS
- →The Electoral College was designed to protect slave state power and filter popular opinion through elites.
- →Winner-take-all rules are not constitutional requirements—states adopted them strategically.
- →Small state advantage means votes in Wyoming count ~4x more than votes in California.
- →The National Popular Vote Compact offers a path to reform without constitutional amendment.