2016 Postmortem
In reply to the discussion: Superdelegates offsetting the results of primaries is unconstitutional IMHO [View all]Empowerer
(3,900 posts)right to directly select their nominees. The Constitution is completely silent on party nominations - and, in fact doesn't mention parties at all.
The one-person one-vote concept does not guarantee that each person has a right to select a particular nominee. The entire nominations process is based on voters voting for delegates - it is not a direct vote. Yes, each person who votes has a right to have their vote counted. But if the voting process is for voters to select delegates for particular candidates, and they are permitted to do so and their vote is counted, there is no constitutional violation.
There is no constitutional bar to parties determining how it will select and seat delegates at their own party nominating conventions. The parties could, if they wanted to, decide that delegates would be selected by lottery or musical chairs or a drinking contest or by Puxatawny Phil. Instead, they have opted for a combination of primaries, caucuses and super delegates. All constitutionally permissible.
I think Lawrence Tribe would say that the delegate selection process, including super delegates, is perfectly constitutional.