One of America’s oldest colleges is under legal attack. No, I don’t mean Harvard University and the lawsuit over its admissions policies. The Electoral College is under attack, facing lawsuits filed in four separate federal courts this year, while also the subject of a stealth attack in state legislatures across the country. A concerted effort to change presidential voting from the constitutional elector system to a national popular vote would accomplish this through the courts and a clever end run rather than through legislatures and a proper constitutional amendment.

Although the Electoral College has faced more than 700 attempts to reform or eliminate it, passions run high now because in two recent elections (2000 and 2016) presidents were elected who had lost the national popular vote. This has happened only four times in our history, ironically twice in a twelve-year period in the late 1800s and now twice in the young 21st century. In all the other elections (save one decided in the House of Representatives), the same candidate won the popular vote and electoral vote. That’s a pretty good record (unless your name is Al Gore or Hillary Clinton).