Simone Lawson
The Electoral College has been a topic of debate since the nation's founding, with proponents arguing that it ensures the rights of smaller states and detractors asserting that it unfairly advantages one party over another. The Electoral College is established in the US Constitution and mentioned in multiple amendments, and as such, abolishing it would require a constitutional amendment. This amendment would need to be ratified by three-fourths of the states, which presents a challenge given the varying levels of support for the idea across regions and party lines. While alternative methods to reduce the Electoral College's role have been proposed, such as the National Popular Vote Interstate Compact, the question of whether a constitutional amendment is the only viable path to its abolition remains a subject of discussion.
| Characteristics | Values |
|---|---|
| Bills introduced in US Congress to abolish the Electoral College | Several |
| Requires | Constitutional amendment |
| Closest attempt to abolishing Electoral College | 1969-1971 |
| Resolution | House Joint Resolution 681 |
| Proposed Constitutional Amendment | Introduced by US Representative Gene Green (D-Texas) on January 4, 2005 |
| Date of proposal to abolish Electoral College | November 15, 2016 |
| Proposer of the bill | Senator Barbara Boxer (D-California) |
| Recent attempt | August 2025 by US Senate Democrats |
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What You'll Learn
The Electoral College is constitutionally mandated
The Electoral College is a constitutionally mandated system for electing the US president, established by the Founding Fathers in 1787. It is based on a compromise between those who advocated for the election of the president by a vote of Congress and those who favoured a popular vote of qualified citizens. The Electoral College is outlined in Article II, Section 1 of the US Constitution, which grants each state a number of "electors" equal to its representation in Congress. These electors are responsible for casting votes for the president and vice president.
The Electoral College has been a source of controversy throughout US history, with critics arguing that it unfairly advantages certain parties and disproportionately influences smaller states. Since the Electoral College is constitutionally mandated, abolishing it would require a constitutional amendment. Multiple attempts have been made to introduce such an amendment, but none have been successful thus far. The closest the US came to abolishing the Electoral College was during the 91st Congress (1969-1971), when a proposal to amend the Constitution and provide for the direct popular election of the president and vice president gained significant support. However, the proposal ultimately failed to pass.
The process of amending the Constitution to abolish the Electoral College is complex and challenging. It typically involves proposing an amendment in Congress, which requires a two-thirds majority in both the Senate and the House of Representatives. Alternatively, two-thirds of state legislatures can call for a constitutional convention to propose an amendment. Once an amendment is proposed, it must be ratified by three-fourths of the states to become part of the Constitution. This ratification process can be difficult to navigate due to varying interests and preferences among the states.
While abolishing the Electoral College through a constitutional amendment has not been achieved, there have been efforts to reduce its role. One approach is the "National Popular Vote Interstate Compact" (NPVIC), a legally binding agreement among states to award their electoral votes to the winner of the national popular vote. As of 2019, 14 states and the District of Columbia have joined the NPVIC, but it will only take effect when states representing an electoral majority of 270 electoral votes participate. Additionally, court rulings have played a role in interpreting and shaping the Electoral College process, with some decisions impacting how electors are chosen and how they cast their votes.
The debate surrounding the Electoral College continues, with supporters of abolition arguing for a more direct and equitable system of electing the president. However, opponents raise concerns about reducing the political influence of smaller states and the potential impact on the country's political landscape. As a result, the Electoral College remains a contentious and deeply entrenched feature of the US electoral system.
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The direct election of the President and Vice President
The Electoral College has been a topic of debate in the United States for many years, with some arguing for its abolition or reduction in power, and others defending its role in the electoral process. The College is a system in which voters do not directly elect the President; instead, they vote for "electors" in each state, who are assigned based on the state's population. The Founding Fathers established this system as a compromise between those who advocated for the election of the President by a vote in Congress and those who favoured a popular vote.
The Electoral College is mandated by the Constitution and mentioned in multiple Amendments, specifically Article II, Section 1, and the 12th Amendment. As such, abolishing or significantly altering it would require a Constitutional Amendment. This amendment would need to be ratified by three-fourths of state legislatures, a high bar to clear. While some states have expressed support for such an amendment, others have not, and the College's supporters argue that its abolition would reduce the political influence of smaller states.
There have been several attempts to introduce an amendment to abolish the Electoral College. In 1969, during the 91st Congress, there was a close call, with 30 state legislatures in favour of a direct election plan. However, the proposal ultimately failed to pass. More recently, in 2024, three Democratic Senators proposed a constitutional amendment to abolish the College in favour of direct national elections, arguing that the current system is ""outdated and undemocratic". This proposal, like others before it, has not progressed beyond the Judiciary Committee in the Senate.
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The National Popular Vote Interstate Compact (NPVIC)
The NPVIC was introduced in 2006, inspired by the 2000 US presidential election, in which Al Gore carried the popular vote but lost the Electoral College vote to George W. Bush. This sparked studies and proposals from scholars and activists on electoral college reform. The NPVIC builds on the work of law professors Robert W. Bennett, Akhil Amar, and Vikram Amar, who suggested that states could pressure Congress to pass a constitutional amendment by acting together to pledge their electoral votes to the winner of the national popular vote.
As of August 2025, 17 states and the District of Columbia have joined the NPVIC, with a total of 209 electoral votes. For the compact to take effect, it requires the support of states with a majority of electoral votes (270 of 538). The NPVIC has been the subject of ongoing legal debate about the constitutionality of the compact clause of Article I, Section X, and states' plenary power under the Elections Clause of Article II, Section I.
The NPVIC offers what it calls "a framework for building support one state at a time, as well as a legal mechanism for enforcing states' commitments after the threshold of 270 has been reached." Supporters of the NPVIC argue that it would encourage presidential candidates to campaign in more states and provide a more democratic alternative to the current system, which can result in presidential candidates winning the electoral college but losing the popular vote.
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The Supreme Court's role in interpreting the Constitution
The Electoral College can only be abolished by amending the US Constitution. The Supreme Court has the authority to interpret the Constitution and decide whether an Act of Congress or the Constitution is the supreme law of the land. This power of judicial review is not explicitly mentioned in the Constitution but was established in the case of Marbury v. Madison in 1803. The Supreme Court is the highest court in the US and acts as the court of last resort for those seeking justice.
Article III of the Constitution establishes the federal judiciary, including the Supreme Court. The Supreme Court has original jurisdiction over certain cases, such as suits between states or cases involving ambassadors. It also has appellate jurisdiction over almost any other case involving constitutional or federal law. The Court plays a crucial role in ensuring that each branch of government recognizes its limits and protects civil rights and liberties by striking down laws that violate the Constitution.
The Supreme Court has ruled on cases related to the Electoral College, such as McPherson v. Blacker, where it upheld that Congress could set the date for the Electoral College to meet, and Ray v. Blair, where it ruled that the Constitution does not prevent political parties from requiring electors to pledge their support to nominees. The Court has also addressed the issue of states' rights to make changes to how their Electoral College representatives are chosen, with varying rulings in different states.
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The difficulty of achieving a Constitutional Amendment
The Electoral College is a system that is mandated by the US Constitution and mentioned in multiple Amendments. As a result, abolishing it would require a constitutional amendment. The Constitution can be amended by a mechanism outlined in the Constitution itself, which is a challenging process.
The US Constitution has a specific amendment process outlined in Article V, which includes passing an amendment through Congress with a two-thirds majority in both the House of Representatives and the Senate. This is a high bar to clear, especially on a contentious issue like the Electoral College. Even if this hurdle is overcome, the amendment would then need to be ratified by three-fourths of state legislatures, or 38 states, to become part of the Constitution. This is an even more daunting task, as it requires broad consensus across a diverse country with differing interests and ideologies.
The difficulty is compounded by the fact that the Electoral College itself was designed to protect the interests of smaller states. These states would be reluctant to support an amendment that reduces their political influence, as they benefit disproportionately from the current system. This dynamic creates a significant obstacle to achieving the necessary supermajority in Congress and the required number of state ratifications.
Additionally, the proposed amendment could potentially throw the country into a constitutional crisis if it resulted in a dispute over equal representation in the Senate. The complexity and high stakes involved in amending the Constitution help explain why efforts to abolish the Electoral College have historically faced significant challenges and often faltered, despite multiple attempts.
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Frequently asked questions
The Electoral College is a system in which voters do not directly elect a president. Instead, they vote for "electors" in each state, the number of whom is determined by the size of the population in their respective states.
The Electoral College is established in the US Constitution and mentioned in multiple Amendments. Therefore, abolishing it would require a constitutional amendment. A constitutional amendment requires two-thirds votes in both the House of Representatives and the Senate, as well as ratification from three-fourths of the states.
Yes, there have been several attempts to abolish or amend the Electoral College. The closest the US has come to abolishing it was during the 91st Congress (1969-1971). More recently, in December 2024, three Democratic senators proposed a constitutional amendment to abolish the Electoral College.
