Not a Single Republican Delegate Is ‘Bound’ to Donald Trump

Source: National Review | June 9, 2016 | David French

Those who claim otherwise would evade responsibility for his nomination.

Let’s begin with a simple proposition: As a matter of law and history, there is not a single “bound” delegate to the Republican National Convention. Not one delegate is required to vote for Donald Trump, Ted Cruz, Marco Rubio, or any other individual who “won” votes in the primary process. Each delegate will have to make his or her own choice. They — and they alone — will choose the Republican nominee.

The paragraph above contradicts much of what you’ve been told about the presidential nominating process, and it even contradicts state law in multiple jurisdictions, but state law does not govern the Republican party. The party governs itself, and according to the rules it has implemented, there is only one convention where the delegates were truly bound: 1976’s, when Gerald Ford fended off a challenge from Ronald Reagan. In every other Republican convention ever held, every delegate has been free to vote their conscience. Let’s break this down, legal step by legal step:

1. State legislatures cannot violate the First Amendment rights of Republican delegates. Throughout the primary, pundits have reminded voters again and again that there exists a patchwork quilt of state laws that “require” delegates to follow the will of the primary voters — sometimes only through one ballot, sometimes through more. These laws are unconstitutional. A state entity cannot mandate the manner in which private citizens govern private organizations.

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Or, to put it in plain English, the Court essentially told the states to mind their own business and let the parties govern themselves.

2. Traditional and current Republican rules and practices allow delegates to vote their consciences. The first and most important RNC Rule to remember is the so-called “Unit Rule” — Rule 38 of the “Rules of the Republican Party.” This rule states, in its entirety:

No delegate or alternate delegate shall be bound by any attempt of any state or Congressional district to impose the unit rule. A “unit rule” prohibited by this section means a rule or law under which a delegation at the national convention casts its entire vote as a unit as determined by a majority vote of the delegation.

In other words, a majority of a delegation cannot cast its vote on behalf of all of the delegation. Delegates can abstain, or they can vote for different candidates. This rule and Rule 37, which mandates individual roll-call voting and permits individual delegates to challenge the count, combine to permit delegates a choice.

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3. If the Republican party wishes to bind delegates to Trump, it will have to change the rules to do so. It is inarguably true that each convention sets its own rules. It’s also true that past practice and longstanding party principles have exerted strong influence on the process. If the party wishes to truly bind delegates — and to void the conscience protections in Rules 37 and 38 — it will have to pass something similar to the “Justice Amendment” rammed through by Ford supporters in 1976, an act binding delegates that the 1980 convention promptly repealed. If the RNC follows the dominant historical precedent, delegates will be able to vote their consciences.

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  • Consistent #6923

    Consistent #6924

    slhancock1948 #6929

    There is still hope! 😉

    Pray for righteousness to be restored and for the peace of Jerusalem

    Consistent #6930

    ConstitutionalConservative #6934

    I don’t know who or what to believe anymore concerning primary races, delegates and all that rot. What I do know is I want Ted Cruz as POTUS in 2017 and at this point of contention, chaos and confusion on every side, I don’t give a rats a$$ how that happens.

    I know only Cruz will bring sanity, reason and good order back to our Republic.

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