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2016 Postmortem
In reply to the discussion: Superdelegates offsetting the results of primaries is unconstitutional IMHO [View all]Warren Stupidity
(48,181 posts)107. Article 2 Clause 2 and 3 are not your friends.
Clause 2
Each State shall appoint, in such Manner as the Legislature thereof may direct, a Number of Electors, equal to the whole Number of Senators and Representatives to which the State may be entitled in the Congress: but no Senator or Representative, or Person holding an Office of Trust or Profit under the United States, shall be appointed an Elector.
Clause 3
The Electors shall meet in their respective States, and vote by Ballot for two Persons, of whom one at least shall not be an Inhabitant of the same State with themselves. And they shall make a List of all the Persons voted for, and of the Number of Votes for each; which List they shall sign and certify, and transmit sealed to the Seat of the Government of the United States, directed to the President of the Senate. The President of the Senate shall, in the Presence of the Senate and House of Representatives, open all the Certificates, and the Votes shall then be counted. The Person having the greatest Number of Votes shall be the President, if such Number be a Majority of the whole Number of Electors appointed; and if there be more than one who have such Majority, and have an equal Number of Votes, then the House of Representatives shall immediately chuse [sic] by Ballot one of them for President; and if no Person have a Majority, then from the five highest on the List the said House shall in like Manner chuse [sic] the President. But in chusing [sic] the President, the Votes shall be taken by States, the Representation from each State having one Vote; A quorum for this Purpose shall consist of a Member or Members from two thirds of the States, and a Majority of all the States shall be necessary to a Choice. In every Case, after the Choice of the President, the Person having the greatest Number of Votes of the Electors shall be the Vice President. But if there should remain two or more who have equal Votes, the Senate shall chuse [sic] from them by Ballot the Vice President.
Clause 3 was redefined by the 12th amendment as follows:
The Electors shall meet in their respective states, and vote by ballot for President and Vice-President, one of whom, at least, shall not be an inhabitant of the same state with themselves; they shall name in their ballots the person voted for as President, and in distinct ballots the person voted for as Vice-President, and they shall make distinct lists of all persons voted for as President, and all persons voted for as Vice-President and of the number of votes for each, which lists they shall sign and certify, and transmit sealed to the seat of the government of the United States, directed to the President of the Senate.
The President of the Senate shall, in the presence of the Senate and House of Representatives, open all the certificates and the votes shall then be counted.
The person having the greatest Number of votes for President, shall be the President, if such number be a majority of the whole number of Electors appointed; and if no person have such majority, then from the persons having the highest numbers not exceeding three on the list of those voted for as President, the House of Representatives shall choose immediately, by ballot, the President. But in choosing the President, the votes shall be taken by states, the representation from each state having one vote; a quorum for this purpose shall consist of a member or members from two-thirds of the states, and a majority of all the states shall be necessary to a choice. And if the House of Representatives shall not choose a President whenever the right of choice shall devolve upon them, before the fourth day of March next following, then the Vice-President shall act as President, as in the case of the death or other constitutional disability of the President.
The person having the greatest number of votes as Vice-President, shall be the Vice-President, if such number be a majority of the whole number of Electors appointed, and if no person have a majority, then from the two highest numbers on the list, the Senate shall choose the Vice-President; a quorum for the purpose shall consist of two-thirds of the whole number of Senators, and a majority of the whole number shall be necessary to a choice. But no person constitutionally ineligible to the office of President shall be eligible to that of Vice-President of the United States.
That is the constitutional process for electing the president. Note that it says nothing about anyone other than "electors" voting. No requirement that any people need vote at all, let alone any regulation at all of political parties.
If you think there is a constitutional basis for political parties, presidential primaries, and the regulation of political parties, feel free to post the text of the constitution that applies.
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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