The framers’ own damning words seem to cinch the case that the Electoral College was a pro-slavery ploy. Above all, the Virginia slaveholder James Madison — the most influential delegate at the convention — insisted that while direct popular election of the president was the “fittest” system, it would hurt the South, whose population included nonvoting slaves. The slaveholding states, he said, “ could have no influence in the election on the score of the Negroes.” Instead, the framers, led by Madison, concocted the Electoral College to give extra power to the slaveholders.

If you stop at this point in the record, as I once did, there would be no two ways about it. On further and closer inspection, however, the case against the framers begins to unravel. First, the slaveholders did not need to invent the Electoral College to fend off direct popular election of the president. Direct election did have some influential supporters, including Gouverneur Morris of New York, author of the Constitution’s preamble. But the convention, deeply suspicious of what one Virginian in another context called “the fury of democracy,” crushed the proposal on two separate occasions.

How, then, would the president be elected, if not directly by the people at large? Some delegates had proposed that Congress have the privilege, a serious proposal that died out of concern the executive branch would be too subservient to the legislative. Other delegates floated making the state governors the electors. Still others favored the state legislatures.

The alternative, and winning, plan, which became known as the Electoral College only some years later, certainly gave the slaveholding states the advantage of the three-fifths clause. But the connection was incidental, and no more of an advantage than if Congress had been named the electors.

Most important, once the possibility of direct popular election of the president was defeated, how much did the slaveholding states rush to support the concept of presidential electors? Not at all. In the initial vote over having electors select the president, the only states voting “nay” were North Carolina, South Carolina and Georgia — the three most ardently proslavery states in the convention.