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Re: Michigan State Primary Law Ruled Unconstitutio (2.00 / 2)

actully it seems it IS in the rules

http://s3.amazonaws.com/apache.3cdn.net/ de68e7b6dfa0743217_hwm6bhyc4.pdf

Rule 2.e. states:

"No person shall participate or vote in the nominating process for a Democratic presidential
candidate who also participates in the nominating processes of any other party for the
corresponding elections."


Congratulations to Barack Obama, the presumptive Presumptive Democratic Nominee
by TruthMatters on Wed Mar 26, 2008 at 10:43:04 PM EST

Re: Michigan State Primary Law Ruled Unconstitutio (none / 0)

Yes, but there is such a thing as legislative intent.  The current situation has to be about a million miles removed from whatever the rulemakers had in mind with this provision.  Do not become a Scalia!


by rfahey22 on Wed Mar 26, 2008 at 11:22:19 PM EST
[ Parent ]

Re: Michigan State Primary Law Ruled Unconstitutio (none / 0)

Frankly, I agree with you -- I'd love to see the DNC make a concession in this case and suspend the rule.

I haven't seen anything indicating they're willing to do so, however.  Have they even been asked?


by Rorgg on Wed Mar 26, 2008 at 11:23:21 PM EST
[ Parent ]

I disagree, this is exactly the intent of the rule (none / 0)

to prevent Republicans (or those far out of the mainstream of the Democratic party) from strategically manipulating the Democratic Party nominating process.

Same reason we have superdelegates.

I don't see a good solution here. I wish I did. It's a train wreck.


by clawed on Thu Mar 27, 2008 at 01:30:34 AM EST
[ Parent ]

And Scalia says ... (none / 0)

... when the text is clear, stick with the text.  Don't go to fuzzy versions of what the legislature "really" meant.


by Adam B on Thu Mar 27, 2008 at 08:41:54 AM EST
[ Parent ]

Ambinder is correct: I'll explain (none / 0)

Rule 2.e. states:

"No person shall participate or vote in the nominating process for a Democratic presidential
candidate who also participates in the nominating processes of any other party for the
corresponding elections."

This rule does not require states to implement any specified process to assure that persons may not vote in both nominating processes, such as by consulting a list. Read it: it applies only to "persons," not to "states." If Michigan makes its best effort to comply with this DNC rule, for example by making people sign a statement saying they didn't vote in the GOP primary, there's no reason under the sun that this rule would bar them from conducting a primary that is fully compliant with DNC rules.


by Trickster on Thu Mar 27, 2008 at 12:52:48 AM EST
[ Parent ]

Fair enough (none / 0)

but be careful what you wish for, you are putting Republicans on the honor system...


by clawed on Thu Mar 27, 2008 at 01:32:17 AM EST
[ Parent ]

Re: Fair enough (none / 0)


you are putting Republicans on the honor system...


Yes that is just how we got the country in Iraq.  And the Republicans set up some sort of Honor System for bankers and look how well that worked.


by Fred in Vermont on Thu Mar 27, 2008 at 07:39:07 AM EST
[ Parent ]