Statistikhengst
Diamond Member
- Banned
- #1
The GOP can make Trump take a loyalty pledge. But they can’t make him honor it.
It's kind of complex.
In other words, the tiger still has no teeth.
FYI
Update:
SC has already gone there, today:
S.C. joins state parties seeking to complicate Trump's run
It's kind of complex.
The Republican Party in Virginia and North Carolina is considering adding an extra qualification for those wishing to appear on their state's primary ballots: A commitment to support the eventual Republican nominee. Which may prompt the casual observer to ask, "Can they do that?"
The answer is yes. Adding external, seemingly tangential stipulations to primary ballots is both perfectly within the rights of state parties -- and something with a long history. Richard Winger, editor of the three-decade-old journal Ballot Access News, spoke with The Post by phone to walk through how it works.
"Ever since 1972, the Supreme Court has upheld the ability of political parties to control their own nomination process," Winger explained. That independence leverages the First Amendment's freedom of association clause. "Parties are private organizations," Winger said. "They have the right not to be merged with the government. They are associations of people that come together and work together for common political goals, and so essentially they're private." And therefore can control their own membership -- and candidates...
...In 2008, the Texas Democratic Party introduced another new rule: Candidates had to pledge to support the eventual nominee. Former Ohio representative Dennis Kucinich declined to do so, and sued. "He lost in every round," Winger says. "He lost in U.S. District Court, he lost in the Fifth Circuit, and the U.S. Supreme Court wouldn't hear it." That case establishes pretty clearly that Virginia and North Carolina can apply the limit they're considering.
Ultimately, though, the loyalty oath depends on the good word of the candidate. If a candidate -- call him Ronald Bump -- were to pledge to support the Republican nominee but then decided to run as an independent, there's nothing that could be done to prevent him from doing so. The repercussions would be solely in the judgment of the voters. Which, for our hypothetical Bump candidate, might not be a significantly limiting factor.
In other words, the tiger still has no teeth.
FYI
Update:
SC has already gone there, today:
S.C. joins state parties seeking to complicate Trump's run