2016 Postmortem

firebrand80

(2,760 posts)

41. What about the case of a brokered convention?

Wed Feb 17, 2016, 04:29 PM

Feb 2016

As I understand the rules, if after the first round of voting no candidates has a majority, all delegates are "released" and are free to vote for any candidate. Since a delegate can end up supporting a candidate that a particular voter did not wish to support, can we say that voter was unconstitutionally deprived of his vote? No, because the voter is technically voting for a delegate, who is bound by all the rules of the party convention.

On the issue of SD overturning the the pledged delegates, I just don't see that happening, especially in a year like this. There is simply no incentive for the SDs to do it. Hillary would certainly lose the GE, and they would destroy the party, and likely their own political futures, along with it.

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Superdelegates offsetting the results of primaries is unconstitutional IMHO [View all] Samantha Feb 2016 OP

I agree gyroscope Feb 2016 #1

Wanting a little democracy with your Democratic Party may just put you in the poo-poo firing line! Kip Humphrey Feb 2016 #2

Thanks for the warning -- I can handle it Samantha Feb 2016 #6

constitution has nothing to do with it. aidbo Feb 2016 #3

The political party is above the US Constitution? gyroscope Feb 2016 #5

The constitution does not apply. MohRokTah Feb 2016 #7

The rules must be consistent with the 15th amendment gyroscope Feb 2016 #8

The Democratic Party Does Not Constitute Governmental action Stallion Feb 2016 #11

You realize, don't you, that before 1968, most voters had no roll at all? brooklynite Feb 2016 #93

No, they don't. MohRokTah Feb 2016 #12

So what is the purpose of primary elections? gyroscope Feb 2016 #15

It used to be only party officials. MohRokTah Feb 2016 #17

There were no 'superdelegates' put back into the process John Poet Feb 2016 #92

To select some (most, actually) of the delegates to the national convention Freddie Stubbs Feb 2016 #22

Superdelegates overturning the will of the voters gyroscope Feb 2016 #62

The parties, remember each state has a party nadinbrzezinski Feb 2016 #55

i suggest you consider what happens in 2016 if superdelegates overrule the will of the people? highprincipleswork Feb 2016 #103

Hillary Clinton won the popular vote in the 2008 primaries. MohRokTah Feb 2016 #105

As well as the 14th. lumberjack_jeff Feb 2016 #63

The process of voting or caucusing in primaries is governed by the states and the constitution, aidbo Feb 2016 #14

This is very true Samantha Feb 2016 #73

YES. wildeyed Feb 2016 #83

The Constitution has EVERYTHING to do with it Samantha Feb 2016 #9

but we're talking about a political party's method of selecting a nominee. aidbo Feb 2016 #19

Do I understand you correctly? Samantha Feb 2016 #74

If that scenario was allowable by the party's rules, it could do that. aidbo Feb 2016 #87

... PonyUp Feb 2016 #4

Interesting argument, I don't think I agree firebrand80 Feb 2016 #10

The amount of adverse opinion on this subject is too overwhelming to post here Samantha Feb 2016 #33

What about the case of a brokered convention? firebrand80 Feb 2016 #41

No one would have a majority if there were a tie Samantha Feb 2016 #78

This is a very thoughtful post Samantha Feb 2016 #102

I'm a Bernie supporter but you are wrong. Motown_Johnny Feb 2016 #13

I guess we will have to agree to disagree on this Samantha Feb 2016 #16

You are entitled to your opinion mythology Feb 2016 #29

Did you read the thread carefully? (eom) Samantha Feb 2016 #35

The general election is govern by applicable state and federal law. HooptieWagon Feb 2016 #18

Exactly. Plus, the SCOTUS has ruled that political parties are private organizations. stopbush Feb 2016 #31

Yes. Voters can approve the process by voting for the party's candidate. HooptieWagon Feb 2016 #36

Is it your position political parties do not have to comport to state constitutions Samantha Feb 2016 #37

Not in the candidate selection process... So says SCOTUS. HooptieWagon Feb 2016 #43

Watching an early 50s Democratic Convention I remember jwirr Feb 2016 #20

A High Percentage of Super Delegates ARE Democratic office-holders Stallion Feb 2016 #24

Yes, and in the old system I think they would attend conventions jwirr Feb 2016 #25

Thank you so much -- the history of these issues is always interesting Samantha Feb 2016 #38

Bernie agreed to the rules. TTUBatfan2008 Feb 2016 #21

What the candidates agreed to is irrelevant. CentralMass Feb 2016 #26

So here's the process to alter it. MohRokTah Feb 2016 #28

There is not much to worry about right now... TTUBatfan2008 Feb 2016 #30

I hope you are right -- but at some point I am hoping that we insist on getting rid of these Samantha Feb 2016 #42

I agree Samantha Feb 2016 #39

So you would be okay with Republicans registering as Democrats and voting in our primaries? randome Feb 2016 #40

Some are doing it now as we "talk" because they are crossing over to support Bernie Samantha Feb 2016 #44

Bernie made an agreement. We didn't. HooptieWagon Feb 2016 #46

As I said in another post... TTUBatfan2008 Feb 2016 #49

Bernie's not being disenfranchised, we are. n/t lumberjack_jeff Feb 2016 #64

Internal party rules nadinbrzezinski Feb 2016 #23

I already know without looking factions are not mentioned Samantha Feb 2016 #45

Parties are a private organization nadinbrzezinski Feb 2016 #47

Please reread the first paragraph under "Superdelegates are Unconstitutional in the OP" (eom) Samantha Feb 2016 #51

I see I am far from the only one nadinbrzezinski Feb 2016 #52

Reminds me of when people complain about abridgment of their 1st amendment rights.. aidbo Feb 2016 #69

Yup, or twitter or facebook nadinbrzezinski Feb 2016 #70

The actual primary voting is covered by state and federal laws. HooptieWagon Feb 2016 #53

I vote for a name on a ballot so I consider that voting for a candidate Samantha Feb 2016 #59

frankly the precedent of ending the *White primary* is enough MisterP Feb 2016 #27

Be sure to ask Bernie's chief BlueMTexpat Feb 2016 #32

As you and I both know, politicians sometimes say what is politically convenient at the moment Samantha Feb 2016 #48

OK, fair enough. BlueMTexpat Feb 2016 #61

So why is there all this anguish among Bernie's supporters - DJ13 Feb 2016 #79

Please note that this is NOT the first time BlueMTexpat Feb 2016 #80

I remember 2008 DJ13 Feb 2016 #86

Well said. Nt stevenleser Feb 2016 #91

Well, who elects Boy Scout leaders? Teacher union leaders? Who appoints Supreme Court justices? randome Feb 2016 #34

Let's look at New Hampshire CentralMass Feb 2016 #50

WELCOME TO THIS THREAD, CentralMass Samantha Feb 2016 #54

Thank you. CentralMass Feb 2016 #57

According to Wikipedia Super Delagates Include State Elected Officials-Gov, Senator and Representa Stallion Feb 2016 #77

Unconstitutional? NobodyHere Feb 2016 #56

It is obvious the Democratic party runs the process as it wants Samantha Feb 2016 #60

Unconstitutional? Tarc Feb 2016 #58

Here is what will happen if the SD's go rogue Oilwellian Feb 2016 #65

I would really like to believe Democrats would never do this (sincerely) Samantha Feb 2016 #66

This happened in 2008 as well Oilwellian Feb 2016 #71

I appreciate this information but did you see the list of superdelegates? Samantha Feb 2016 #72

I did see the list Oilwellian Feb 2016 #75

so it's time to sue, in a favorable court, while the SCOTUS is tied. grasswire Feb 2016 #67

That thought occurred to me Samantha Feb 2016 #68

Berns agreed to the internal party rules. Dawson Leery Feb 2016 #76

So you can confidently say things such as brokered conventions and lobbyists becoming superdelegates Samantha Feb 2016 #85

The Constitution does not govern the primary process - and primary voters have no Constitutional Empowerer Feb 2016 #81

I know of at least one Court that would disagree with your premise Samantha Feb 2016 #95

That's a civil rights issue. wildeyed Feb 2016 #108

And you are entitled to your honest opinion. Sheepshank Feb 2016 #82

It is not just my opinion, Sheepshank, it is the opinion of many, many people Samantha Feb 2016 #96

then they all have honest, but low fact based constitutional law, opinions on this matter Sheepshank Feb 2016 #98

Many people who share my opinion are easily located with a simple Google search Samantha Feb 2016 #104

Just as many are right here on your thread and do not share your opinion. n/t Sheepshank Feb 2016 #106

If you have been thinking and believe it is unconstitutional... Yog-Sothoth Feb 2016 #84

You have a lot of factual mistakes in your post, not to mention pure insults Samantha Feb 2016 #97

Well your HO is wrong. Codeine Feb 2016 #88

Yes, I know small parties just announce their one candidate Samantha Feb 2016 #89

Well thought out DJ13 Feb 2016 #90

I don't have a problem with anything you say Samantha Feb 2016 #99

There is no constitutional basis for the primaries, for parties, for the whole fake rigged game. Warren Stupidity Feb 2016 #94

I think your title is essentially correct since the Constitution delegates the rights to conduct Samantha Feb 2016 #100

Article 2 Clause 2 and 3 are not your friends. Warren Stupidity Feb 2016 #107

Talk to Tad Devine. This was his idea. WhiteTara Feb 2016 #101

The existence of superdelegates does not "tamper with primary results" Freddie Stubbs Mar 2016 #109