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2016 Postmortem
In reply to the discussion: Superdelegates offsetting the results of primaries is unconstitutional IMHO [View all]Samantha
(9,314 posts)95. I know of at least one Court that would disagree with your premise
Facts. The Defendant is a very successful Texas political organization that operated a lot like a political party. The Defendants members are all white. The Defendant Association held pre-primaries and for more than fifty years, the Defendants county -wide candidates had invariably been nominated in the Democratic primaries and elected to office. The President of the Defendant Association admitted that the purpose of the party was to exclude blacks from voting and to escape the Fifteenth Amendments command that everyone could vote, regardless of race. The Defendant argues that its association is a private club because it was not governed by state laws and did not utilize state elective machinery or funds. Moreover, the Defendant argued that the Fifteenth Amendment constitutional challenge does not apply to their self-governing voluntary club. The Plaintiffs, a group of Negro voters (Plaintiffs), brought a class action to determine their rights under the Fifteenth Amendment of the Constitution.
Issue. Does a private, successful, political association have to follow the Fifteenth Amendment?
Held. Yes, a private organizations primary election constitutes a public function.
Discussion. For a state to allow what the Defendant wants is to defeat the purpose of the Fifteenth Amendment. It is immaterial that the State does not control the Defendant Association because their candidates are always successful. The Defendants primary is the only part of the election that determines who governs the county, which strips blacks of their right to vote for elected officials if they cannot join.
http://www.casebriefs.com/blog/law/constitutional-law/constitutional-law-keyed-to-chemerinsky/the-structure-of-the-constitutions-protection-of-civil-rights-and-civil-liberties/terry-v-adams/2/
Citation: 345 U.S. 461, 73 S. Ct. 809, 97 L. Ed. 1152, 1953 U.S.
I do realize there are small political parties that choose a candidate, and rather than entering under the umbrella of either the Democatic Party or Republican Party, it chooses to be self-contained, gathering signatures to put candidates on ballots or perhaps encouraging voters write-in their candidate. These parties have been classified as private entities and often have no problems with their process until and unless voters' civil rights be violated under The U.S. Constitution, a Federal law or a state constitutional provision.
This being said, I would like to volunteer my own personal opinion. Elections should not be charades.When you say primary voters have no constitutional rights to directly select their nominees, most ordinary people believe when they go to the polls and select a name of a candidate to receive their vote, they are participating in directly selecting that candidate. If they follow the process a little further, they learn when the votes are tallied, the political affiliation of the committed electors are chosen by the results of the votes.
If people wholesale realized that commitment only was good through the first balloting round at a political convention, they would be furious. Political deals and maneuvers like brokered conventions are a sham. This has got to change.
And for superdelegates to be waived into the process as representatives of corporate entities or wealthy donors is appalling beyond belief.
Yes, the political parties do run the conventions but if it becomes clear that the will of the people is superseded at these events in favor of corporate preferences and the uber-wealthy, members from that party will exit en masse, and that very large party will become nothing but a fly on the wall.
I am done with this.
Sam
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Superdelegates offsetting the results of primaries is unconstitutional IMHO [View all]
Samantha
Feb 2016
OP
Wanting a little democracy with your Democratic Party may just put you in the poo-poo firing line!
Kip Humphrey
Feb 2016
#2
To select some (most, actually) of the delegates to the national convention
Freddie Stubbs
Feb 2016
#22
i suggest you consider what happens in 2016 if superdelegates overrule the will of the people?
highprincipleswork
Feb 2016
#103
The process of voting or caucusing in primaries is governed by the states and the constitution,
aidbo
Feb 2016
#14
The amount of adverse opinion on this subject is too overwhelming to post here
Samantha
Feb 2016
#33
Exactly. Plus, the SCOTUS has ruled that political parties are private organizations.
stopbush
Feb 2016
#31
Is it your position political parties do not have to comport to state constitutions
Samantha
Feb 2016
#37
I hope you are right -- but at some point I am hoping that we insist on getting rid of these
Samantha
Feb 2016
#42
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
Please reread the first paragraph under "Superdelegates are Unconstitutional in the OP" (eom)
Samantha
Feb 2016
#51
Reminds me of when people complain about abridgment of their 1st amendment rights..
aidbo
Feb 2016
#69
As you and I both know, politicians sometimes say what is politically convenient at the moment
Samantha
Feb 2016
#48
Well, who elects Boy Scout leaders? Teacher union leaders? Who appoints Supreme Court justices?
randome
Feb 2016
#34
According to Wikipedia Super Delagates Include State Elected Officials-Gov, Senator and Representa
Stallion
Feb 2016
#77
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
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
There is no constitutional basis for the primaries, for parties, for the whole fake rigged game.
Warren Stupidity
Feb 2016
#94