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(9,314 posts)
84. Superdelegates offsetting the results of primaries is unconstitutional IMHO
Sun Feb 14, 2016, 02:43 AM
Feb 2016

I had been thinking how can this possibly be legal when the Constitution specifically delegates the right to run Presidential elections to the individual states, not to political parties. I found there were many people who believe kicking aside a candidate who prevails via acquiring the most legitimate votes in primary contests to usher in another candidate better suited to there preferences is unconstitutional.

Here is one example:

Superdelgate Intervention Unconstitutional

Even critics of superdelegate deals tend to underestimate the gravity of the issue. In its very essence, the superdelegate system is unconstitutional. It destroys the right of primary voters to choose their own nominee. It offends the principle of one person one vote. In three primary cases (Nixon v. Herndon, 1927, Nixon v. Condon, 1932, Smith v. Allwright, 1944) the Supreme Court affirmed that the right to vote in a primary (a right which includes the right to be counted and respected), is protected by the Constitution. Officials cannot legally circumvent the vote. These were discrimination cases, but the arguments apply directly to the superdelegate situation in the Democratic primary.

Up to a point, a political party is master of its own house. But no party, or group within a party, can legally tamper with primary results. In Terry v. Adams (1953), the Court ruled against the "Jay Bird Association," a group of powerful white Democrats who tried to create a private enforcement process within the Democratic primary. Justice Clark ruled that "any part of the machinery for choosing officials becomes subject to the Constitution's restraints."

The superdelegate system flouts the very purpose for which primaries were conceived. "Fighting" Bob LaFollette, the Wisconsin progressive who organized the first primaries in 1903, hated boss-controlled conventions. The aim of the primaries is to remove the nominations from the hands of professionals and the wealthy donors whom professionals obey. The superdelegate issue should not be resolved through deals or negotiations. The integrity of elections is not negotiable. The superdelegate system deserves to be abolished.


I hope Bernie Sanders seeks a Constitutional lawyer's advice on this subject, if he hasn't already.


DINO Debbie only wants top-down astroturfers. HooptieWagon Feb 2016 #1
If nothing else, this is exactly what this very strange primary has made clear. RiverLover Feb 2016 #19
+1000000 azmom Feb 2016 #29
In fact, they TARNISH that label... MrMickeysMom Feb 2016 #75
From the horses mouth... DemocraticSocialist8 Feb 2016 #2
not sure you've identified the right end of the horse FBaggins Feb 2016 #37
Ahh.. Beat me to it! Ferd Berfel Feb 2016 #41
It's all about the illusion of democracy. liberal_at_heart Feb 2016 #3
It's about what Bernie is fighting against, the insidious corporate control over our Democracy! Dustlawyer Feb 2016 #34
Sadly true Ferd Berfel Feb 2016 #42
Democratic fear of democracy -- disheartening (nt) pat_k Feb 2016 #4
If they play the superdelegates card, a Clinton nomination is illegitimate. HooptieWagon Feb 2016 #5
"Illegitimate" is the word. Nyan Feb 2016 #8
Sure are a lot of superdelegates lobodons Feb 2016 #10
And if this happens, I vote Bernie as an independent. Kittycat Feb 2016 #65
They can try it but thanks to the Internet TBF Feb 2016 #68
Indeed, it will NOT be a secret to the voters. Nor will it help Clinton's untrustworthiness n/t arcane1 Feb 2016 #76
...and Hillary is going Swift Boat!!! Dustlawyer Feb 2016 #36
If they play the superdelegate care, the repugs win everything PFunk1 Feb 2016 #51
Yes, that is exactly what will happen. HooptieWagon Feb 2016 #54
That may actually be the plan Hydra Feb 2016 #64
The Democratic Party not honoring Democracy! AZ Progressive Feb 2016 #6
go ahead, dino debbie, bring it restorefreedom Feb 2016 #7
Dino Deb is being PRIMARIED! Let's support her opponent Duppers Feb 2016 #78
excellent! nt restorefreedom Feb 2016 #80
Superdelegates are also elected officials lobodons Feb 2016 #9
by the time their next election comes around, it would be yesterday's news yurbud Feb 2016 #26
The news would last at least 4 years. n/t PonyUp Feb 2016 #30
I hope it would, but pols make decisions based on most of us having short memories. yurbud Feb 2016 #35
Many superdelegates are Congressman.... HooptieWagon Feb 2016 #44
Great point. If I had a Dem rep, I would send them a letter about that right now. yurbud Feb 2016 #67
Dem governors are also superdelegates. HooptieWagon Feb 2016 #71
problem: too late to primary them by this summer. So unless there's a good independent already qeued yurbud Feb 2016 #69
Keep digging Debbie davidpdx Feb 2016 #11
If superdelegates don't flip to the person who wins the popular vote, it would be over Vinca Feb 2016 #12
Agreed. Superdelegate theft would mean a Clinton nomination is illegitimate. HooptieWagon Feb 2016 #22
We want you all to participate and attend, and THINK that your vote matters in choosing Erich Bloodaxe BSN Feb 2016 #13
exactly. Is there much better proof that we're an oligarchy not a democracy? yurbud Feb 2016 #24
Bingo! A former POTUS, Jimmy Carter said the same thing. I think he would know. Dustlawyer Feb 2016 #40
so which party is DSW working for again? azurnoir Feb 2016 #14
The Democratic Party leftofcool Feb 2016 #17
so stopping grass roots Democratic candidates is a value of the Democratic Party-got it azurnoir Feb 2016 #18
that statement is like a vampire driving a stake into his own heart. Like Rahm, DWS is a pol only yurbud Feb 2016 #23
DWS already has a record of that. HooptieWagon Feb 2016 #55
That's just sad for our party azurnoir Feb 2016 #56
Does that me4an you are pro Wall Street and against Bohemianwriter Feb 2016 #57
Nice party you have there.. frylock Feb 2016 #61
Money Party Iggy Knorr Feb 2016 #46
Oh please, DWS, let the superdelegates decide. joshcryer Feb 2016 #15
Yes, thank you, no more McGoverns! leftofcool Feb 2016 #16
McGovern was going up against a sitting President SheenaR Feb 2016 #27
A very crooked sitting President, I might add Art_from_Ark Feb 2016 #39
That wasn't known until just after the election. HooptieWagon Feb 2016 #48
I think 1972 was also the first year Art_from_Ark Feb 2016 #73
I think they were casually dating then. HooptieWagon Feb 2016 #74
Nope, Bernie is a McGovern repeat leftofcool Feb 2016 #43
And where is Hillary going to win in the GE SheenaR Feb 2016 #59
You are parroting nonsense Art_from_Ark Feb 2016 #83
McGovern's social media presence was really lacking. frylock Feb 2016 #62
Is this an example of 30+ years of rw brainwashing noiretextatique Feb 2016 #81
I think they're necessary ... NurseJackie Feb 2016 #20
^ Wilms Feb 2016 #21
How parallel is the old DLC list-serv and the list of superdelegates for say 1996 and 2004? HereSince1628 Feb 2016 #25
This message was self-deleted by its author SheenaR Feb 2016 #28
There are no winner take all states. leftofcool Feb 2016 #45
There is no defending the indefensible. Kip Humphrey Feb 2016 #31
I saw that, too. pangaia Feb 2016 #32
They are going to kill the party. They are willfully blind to the destruction their shenanigans will Ed Suspicious Feb 2016 #47
Unfortunately, I think you are correct Art_from_Ark Feb 2016 #79
if the Democratic Party overturned the Dem voters decision, it would be clear the party yurbud Feb 2016 #33
A tough time getting votes... HooptieWagon Feb 2016 #50
the DLC/centrist/Corporatista wing put Dem Party in similar bind as GOP: yurbud Feb 2016 #66
At that point they would rename it..The Ferengi Party. yourout Feb 2016 #52
Want to help UNSEAT DWS in the primaries?? DinahMoeHum Feb 2016 #38
Grassroots analysis. UnBlinkingEye Feb 2016 #49
BUT She May Also Be Facing A Buzz Saw Herself! ChiciB1 Feb 2016 #53
Political Revolution kenn3d Feb 2016 #58
I can honestly say SheenaR Feb 2016 #60
"third parties are spoilers! vote in the primaries instead!" "if you don't vote you can't complain!" MisterP Feb 2016 #63
I suspect Greens will get a lot of votes if Clinton steals the nomination. HooptieWagon Feb 2016 #72
Happy V-Day Debs. AtomicKitten Feb 2016 #70
I'm wondering how Obama made it through the superdelegates gauntlet? cyberpj Feb 2016 #77
Maybe they are "anointed" after all EndElectoral Feb 2016 #82
Superdelegates offsetting the results of primaries is unconstitutional IMHO Samantha Feb 2016 #84
Could you summarize that in a couple of lines, so we can bombard Hillary & DWS with it? yurbud Feb 2016 #85
This was extremely difficult. I am not sure you will like what I came up with, just let me know Samantha Feb 2016 #86
that's good. I mean the relevant Supreme Court decision too. yurbud Feb 2016 #89
Repost this as an OP! LongTomH Feb 2016 #88
My tweet to Debbie Wasserman-Schultz yurbud Feb 2016 #90
Is it democracy???? kgnu_fan Feb 2016 #87
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