But most constitutional experts, including Yale law professor Akhil Reed Amar, now believe that the Electoral College was created to appease states with large enslaved populations, like Virginia. “Those states did not want direct election because their enslaved populations could not vote,” says Amar. Under the Electoral College system, the Constitution let states count of their enslaved population toward the number of electors they get—giving them more political power.
Some experts worry that the Electoral College is undemocratic because a person who does not win the popular vote can still be elected president (see “Electoral Outliers,” above). But it does reflect the popular vote on a state-by-state basis, says Jonathan Auerbach, a statistician at Columbia University. “When the popular vote is so close that the Electoral College makes a difference, you couldn’t say either winner has a commanding lead,” he adds.