Is the Electoral College the Fundamental Problem?

Abstract

This chapter asks how the constitutional debates over the admission of new states affected the balance of power among the states in general and the election of the presidency in particular. It frames what it calls “The Problem of New States,” and explores how early texts on U.S. western policy of the 1780s framed questions of territory and statehood. It then explores in detail the debates surrounding new state admissions and the Northwest Ordinance in the Constitutional Convention, showing how contingent the final outcome of the Electoral College was, and how questions like the equal footing of states, which have often been taken as settled constitutional issues, were in fact matters of contentious debate. It concludes by tracing paths forward for future research.