Noah Feldman, Columnist

Blame the British Empire for the Electoral College

The U.S. election system is an inextricable construct -- and it's no accident that it was built that way.

Feeling the pain.

Photographer: Joe Raedle/Getty Images

There are two truths about the Electoral College: It ought to be abolished, and it never will be. Calls for changing the constitutional election system abound now that Hillary Clinton has won the popular vote and lost the electoral vote, as Al Gore did in 2000. But it turns out that the same Constitution that enshrines the Electoral College effectively protects the small states from an amendment they don’t want. The problem goes back to the nation's founding -- and short of abolishing the states as effective sovereigns, it basically can’t be fixed.

The small states, which benefit from candidates’ attention, would never consent to being marginalized through a proportional system that favors the interests of densely populated states. But replacing the Electoral College would take a constitutional amendment approved by two-thirds of both houses of Congress and three-quarters of the state legislatures. Even if the first bar could be cleared -- which is wildly unlikely -- overcoming the second is unimaginable.