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2016 Postmortem
In reply to the discussion: DNC Chair: Superdelegates Make Sure Party Leaders Don’t Have to Run Against Grassroots Activists [View all]Samantha
(9,314 posts)84. Superdelegates offsetting the results of primaries is unconstitutional IMHO
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.
http://www.commondreams.org/views/2008/02/18/screw-voters-let-superdelegates-decide
I hope Bernie Sanders seeks a Constitutional lawyer's advice on this subject, if he hasn't already.
Sam
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DNC Chair: Superdelegates Make Sure Party Leaders Don’t Have to Run Against Grassroots Activists [View all]
yurbud
Feb 2016
OP
If nothing else, this is exactly what this very strange primary has made clear.
RiverLover
Feb 2016
#19
It's about what Bernie is fighting against, the insidious corporate control over our Democracy!
Dustlawyer
Feb 2016
#34
If they play the superdelegates card, a Clinton nomination is illegitimate.
HooptieWagon
Feb 2016
#5
Indeed, it will NOT be a secret to the voters. Nor will it help Clinton's untrustworthiness n/t
arcane1
Feb 2016
#76
I hope it would, but pols make decisions based on most of us having short memories.
yurbud
Feb 2016
#35
Great point. If I had a Dem rep, I would send them a letter about that right now.
yurbud
Feb 2016
#67
problem: too late to primary them by this summer. So unless there's a good independent already qeued
yurbud
Feb 2016
#69
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
Bingo! A former POTUS, Jimmy Carter said the same thing. I think he would know.
Dustlawyer
Feb 2016
#40
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
How parallel is the old DLC list-serv and the list of superdelegates for say 1996 and 2004?
HereSince1628
Feb 2016
#25
They are going to kill the party. They are willfully blind to the destruction their shenanigans will
Ed Suspicious
Feb 2016
#47
if the Democratic Party overturned the Dem voters decision, it would be clear the party
yurbud
Feb 2016
#33
"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
Could you summarize that in a couple of lines, so we can bombard Hillary & DWS with it?
yurbud
Feb 2016
#85