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There is no Constitutional right to vote in a presidential primary or to have your vote counted

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Hugabear Donating Member (1000+ posts) Send PM | Profile | Ignore Wed May-28-08 12:43 PM
Original message
There is no Constitutional right to vote in a presidential primary or to have your vote counted
Try to prove me wrong, you won't be able to.

It does spell out voters rights whenever there is an election - you cannot be discriminated against based on your race, sex, or age as long as you're over 18. States may not impose a poll tax. But other than that, there's nothing that gives anyone the right to vote in a presidential primary. How can there be, if the Constitution doesn't even address political parties? The Constitution simply does not deal with political parties at all.

Each political party is allowed to choose its nominee in whatever way it sees fit, as long as it adheres to the Constitution. Meaning, no political party could hold a primary where only white males could vote. No political party could require a fee, intelligence test, or any other requirement in order to vote. But the fact remains that each political party determines its own process. And in this case, people in Florida and Michigan were allowed to vote - there were no unconstitutional disenfranchisements in either state. There is nothing that requires either party to hold a popular election in every state to choose the delegates.

In fact, the Libertarian Party used a completely different method to choose their delegates for their 2008 convention: http://www.thegreenpapers.com/T08/Li-Alloc.phtml

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elocs Donating Member (1000+ posts) Send PM | Profile | Ignore Wed May-28-08 12:49 PM
Response to Original message
1. Yep, I believe the Supreme Court has ruled that political parties are private entities
and as such are free to make their own rules. There's nothing to say that they have to have any primaries at all.
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Hugabear Donating Member (1000+ posts) Send PM | Profile | Ignore Wed May-28-08 12:53 PM
Response to Reply #1
4. Maybe we should just do away with primaries, and do a reality show
Something along the lines of The Bachelor or Survivor. Start out with two different tribes (Democrats and GOP), and every week America gets to vote out one candidate.
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Xithras Donating Member (1000+ posts) Send PM | Profile | Ignore Wed May-28-08 01:03 PM
Response to Reply #4
10. Yes, you could legally do that.
American Democrat, with Simon Cowell providing weekly criticism on each candidates campaign speeches.
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elocs Donating Member (1000+ posts) Send PM | Profile | Ignore Wed May-28-08 01:14 PM
Response to Reply #4
17. I can see it. You will wish you had copyrighted this idea when it happens.
It will be a ratings killer! The final 2 could have a cage match.
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nichomachus Donating Member (1000+ posts) Send PM | Profile | Ignore Wed May-28-08 01:15 PM
Response to Reply #4
18. I thought that WAS the way it worked
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Exultant Democracy Donating Member (1000+ posts) Send PM | Profile | Ignore Wed May-28-08 01:32 PM
Response to Reply #1
24. Wrong the Supreme Court has ruled that primary elections are a matter of public intrest
since in our 2 party system they almost inevitably pick the winner. That is why republicans in the south can't have white only primaries. The only consolation the Supremes did make was the one that allows primaries to be closed if state law provides for it, since of course registration isn't closed.
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elocs Donating Member (1000+ posts) Send PM | Profile | Ignore Wed May-28-08 03:51 PM
Response to Reply #24
26. The absolute truth is that the courts have ruled that the DNC is a private entity.
Nobody is talking about white only primaries here. The court decision today concerning Florida also said that the DNC is a private entity. That's the gist of it--they are a private entity and get to make their own rules and are under no Constitutional requirement to even have primaries or caucuses to choose their nominee. If you have a link that says otherwise, please post it so we may all be enlightened.
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davsand Donating Member (1000+ posts) Send PM | Profile | Ignore Wed May-28-08 12:51 PM
Response to Original message
2. Takes some stones to quote LAWS and RULES in this Primary!
I am shocked, I tell you--SHOCKED! I had no idea you were such a horrible sexist boar (sow?)


And to think how hard "the queen of peace" has been fighting for your "rights!"




:rofl:




Laura

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TheDoorbellRang Donating Member (1000+ posts) Send PM | Profile | Ignore Wed May-28-08 12:52 PM
Response to Original message
3. For anyone with a basic knowledge of civics and American history, this should be obvious
And the Clintons' gross misrepresentation of this as disenfranchisement is beyond the pale.
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CTyankee Donating Member (1000+ posts) Send PM | Profile | Ignore Wed May-28-08 12:54 PM
Response to Original message
5. Let's not in any way denigrate people who vote. I know that is not your aim, but we must
be careful here. We rant and rave about people not voting and not caring enough to vote. We shouldn't be telling people that their votes basically don't count all that much.
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northzax Donating Member (1000+ posts) Send PM | Profile | Ignore Wed May-28-08 12:54 PM
Response to Original message
6. you know what?
there is nothing that gives you the right to vote in the presidential election, either. States can determine their electoral college votes however they want.
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Hugabear Donating Member (1000+ posts) Send PM | Profile | Ignore Wed May-28-08 12:57 PM
Response to Reply #6
7. Exactly
In fact, I've posted this before, and have been taken to task for it as well. Let the political parties do their own thing, however we should have a Constitutional amendment guaranteeing all adult Americans the right to vote in any federal election - including President.
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northzax Donating Member (1000+ posts) Send PM | Profile | Ignore Wed May-28-08 01:06 PM
Response to Reply #7
12. not at all, not needed
it's a state issue. I am severely disappointed in the Democratic Party which has apparently become obsessed with picayune rules over the general application of rights. we should always default towards more freedom, not less. more voters, not fewer. and this time we didn't. it's a bit annoying to me.
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yodermon Donating Member (1000+ posts) Send PM | Profile | Ignore Wed May-28-08 01:10 PM
Response to Reply #12
15. more Fairness, not less.
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Catherina Donating Member (1000+ posts) Send PM | Profile | Ignore Wed May-28-08 01:00 PM
Response to Original message
8. Thank you n/t
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Xithras Donating Member (1000+ posts) Send PM | Profile | Ignore Wed May-28-08 01:02 PM
Response to Original message
9. Primaries are simply for financial simplicity...they aren't required at all.
There is nothing, NOTHING stating that only one person from each party can run in the GE. The purpose of the primary is simply to decide which candidate will be their "official" representative and receive financial support during the election from the DNC.

I almost hate to bring this up, but if Hillary lost the primary, there's technically nothing stopping her from running as a Democrat against McCain in the GE. She'd piss a lot of people off and would ensure a McCain victory, but there are no rules saying that only one person from each party can run. If she could raise the money on her own to support a campaign, she could do it. It happened in 1960 when Harry Byrd ran against Kennedy and Nixon, so it's not entirely unheard of.
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tritsofme Donating Member (1000+ posts) Send PM | Profile | Ignore Wed May-28-08 01:06 PM
Response to Original message
11. That's all true, but it spits in the face of the spirit of the Democratic Party to disenfranchise
millions of its voters from participating in the process.

Just because something or another is constitutional, doesn't make it right.
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NightWatcher Donating Member (1000+ posts) Send PM | Profile | Ignore Wed May-28-08 01:07 PM
Response to Original message
13. if the DNC or RNC wanted to Rock, Scissor, Paper for their nominee, they could
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Muttocracy Donating Member (1000+ posts) Send PM | Profile | Ignore Wed May-28-08 01:08 PM
Response to Original message
14. Thank you - was wondering if I was nuts. I actually think it's bizarre we use public resources
for it given it is for elections within political parties.
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smiley_glad_hands Donating Member (1000+ posts) Send PM | Profile | Ignore Wed May-28-08 01:13 PM
Response to Original message
16. You mean they could draw straws? lol
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MyNameGoesHere Donating Member (1000+ posts) Send PM | Profile | Ignore Wed May-28-08 01:20 PM
Response to Original message
19. hey why vote? the supremes can choose president anyway.
Just stay at home and let the supremes select a president.
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lumberjack_jeff Donating Member (1000+ posts) Send PM | Profile | Ignore Wed May-28-08 01:22 PM
Response to Original message
20. Duels would make for better TV. n/t
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Hugabear Donating Member (1000+ posts) Send PM | Profile | Ignore Wed May-28-08 01:27 PM
Response to Reply #20
22. Aaron Burr and Alexander Hamilton already did that
Would be interesting if more politicians handled their differences that way - maybe there would be more civility?

Do you think McCain would tell a Congressperson "Fuck You" if there was a chance that he could be challenged to a steel cage match?
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QC Donating Member (1000+ posts) Send PM | Profile | Ignore Wed May-28-08 01:25 PM
Response to Original message
21. Bush v. Gore explained this bit of law to us all very nicely.
Scalia himself lectured us all that there is no Constitutional right to vote for the president.

Odd to see Democrats echoing him, but hey, whatever piece of reasoning will get the desired result is the one partisans will always go with. Any port in a storm, as the old saying goes.
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Hugabear Donating Member (1000+ posts) Send PM | Profile | Ignore Wed May-28-08 01:28 PM
Original message
Just so happens to be true in this case
Agreeing with Scalia in this case doesn't mean that we agree with him on all issues. And technically, Scalia was right - there is no constitutional right to vote for President.
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unblock Donating Member (1000+ posts) Send PM | Profile | Ignore Wed May-28-08 01:28 PM
Response to Original message
23. while true, this is hardly an appealing argument.
especially if you're actually bothering to conduct elections.

i think whatever happened in fl & mi, they weren't proper "elections" and so shouldn't count (exactly as everyone said would happen). the only reason there's an argument at all is because the primary happens to be close and the loser stands to benefit from including them AND KNOWING THE "RESULTS". it's ridiculous to conduct an election first and then decide how to incorporate the results.

the people of fl & mi should be pissed at the people who moved up the primary in violation of the rules, thus denying them the opportunity to vote. that they have no constitutional recourse is not a very satisfying response. that they can consider this mess when making their state-level voting decisions is.
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Catherina Donating Member (1000+ posts) Send PM | Profile | Ignore Wed May-28-08 01:33 PM
Response to Reply #23
25. The people of Florida should be pissed at themselves for voting for a Democrat
Edited on Wed May-28-08 01:34 PM by Catherina
who campaigned on moving the Primaries up. Jeremy Ring sold it and they bought it. It's time to look in the mirror.

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