by Scott O'Reilly

Created on: April 16, 2009

The Electoral College is to the body politic what the appendix is to the human body. In both cases no one knows what they do, until they cause trouble. The Electoral College, of course, figured prominently in the disputed election of 2000, where Al Gore won the popular vote, but George Bush prevailed when it came to the all-important electoral votes. That contest, needless to say, revealed deep fault lines in our election system, not the least of which is the anachronistic nature of the Electoral College.

A woman once asked Benjamin Franklin what kind of government our nation would have. "A Republic," the colorful statesman replied, "if you can keep it." Franklin's quip reveals the deep unease many of the Founding Fathers harbored toward direct democracy, which they feared could easily descend into mob rule. As a result, they envisioned the Electoral College as something of a buffer and a braking system that could check the potential imprudence of hoi polloi.

The Electoral College, then, was supposed to consist of the nation's more enlightened citizens. The public would cast their votes for president only indirectly; citizens would vote for electors and the electors would choose the president. Of course, the electors were likely to vote for candidates chosen by their constituents, but in principle they were free to change their mind and vote their conscience. Indeed, the Framers of the Constitution expected the electors would be citizens capable of exercising sound and independent judgment, especially in contrast to the masses, which they feared might be ruled by irrationality and baser appetites.

Today, the Electoral College bears more resemblance to a rubber stamp than it does to an august body of all-wise elites capable of discerning the best interest of the country. In fact, today's electors perform a largely ceremonial function one associates with political hacks. If ever there was an occasion for electors to perform the deliberative function intended by the Framers it was in the aftermath of the 2000 contest. Instead, the only thing we heard regarding the Electoral College was that its members had signed loyalty pledges, which although not legally binding nevertheless morally committed them to candidates from their respective parties. This is a far cry independent-minded citizen-statesmen the Founders hoped would constitute the Electoral College.

The reputation of the Electoral College is now inextricably bound up with the reputation of the ill-fated and

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