Can Congress Alter the Number of Members in the Electoral College?

The question of whether Congress can alter the number of members in the Electoral College is a complex and frequently debated topic in American politics. This article explores the current status and possibilities for changing the size of the Electoral College based on the structure and regulations established by the U.S. Constitution and federal laws.

Current Structure and Regulations

The presidency of the United States is decided through the Electoral College, with each state receiving a number of electors equal to its total representation in the House of Representatives and Senate. According to the United States Constitution, each state is entitled to one elector for each Senator and one elector for each Representative it has in the U.S. Congress. The total number of seats in the House of Representatives is set at 435 by the Apportionment Act of 1929, which has not changed since then.

How Congress Can Change the Number of Electors

Increasing Representation in the House

One possibility for increasing the number of electors in the Electoral College is to increase the number of members in the House of Representatives. The current number of 435 members was set by the Permanent Apportionment Act of 1929, a federal law that has not been altered since. This act established a fixed number of seats, meaning that growing states do not receive more seats in the House even if their population increases. However, should Congress decide to change this law, it could increase the total number of districts, potentially leading to a larger number of representatives and electors.

For example, if Congress were to establish a new maximum size for each Congressional District at 30,000 people, given the current national population of approximately 330 million, the House of Representatives would have 11,000 districts or seats. If we assume that the smallest state, Wyoming, has a population of 581,000, this could potentially increase the total number of seats in the House to around 570. This would result in an increase of Electors to 673, as each additional Representative adds an elector. Additionally, admitting a new state like Puerto Rico, which would bring 2 additional Senators as well as 1-2 House representatives, could add a total of 679 electors.

This change would be made through legislation and does not require any constitutional amendments. The Constitution only requires that the number of Senators is fixed at two per state, and the number of representatives is based on population. Federal laws could be enacted to change the number of Representatives, thus altering the size of the Electoral College.

Admitting New States

The simplest way to increase the number of electors in the Electoral College is through the admission of new states. Each new state that joins the Union adds 2 Senators and at least 1 Representative, depending on the state's population. This is because each new state would require representation in the Senate, ensuring proportional representation in the Electoral College as well.

For example, if a new state were to join the Union, it would automatically receive 2 Senators and a corresponding number of Representatives, which would in turn increase the number of electors in the Electoral College. This method of increasing the number of electors is also straightforward and does not require any alteration to existing federal laws or constitutional amendments.

Conclusion

In conclusion, Congress has the power and the mechanisms to change the number of members in the Electoral College. This can be done either by changing Federal laws to allow a larger number of representatives, or by admitting new states to the Union. Both methods would increase the number of electors in the Electoral College, providing states with a more proportional representation in the process of electing the President of the United States.