177 online
 
Most Popular Choices
Share on Facebook 99 Printer Friendly Page More Sharing Summarizing
OpEdNews Op Eds    H3'ed 3/6/16

Blue-state Bernie and the DNC's Plutocratic "Victory" Rules

By       (Page 3 of 6 pages) Become a premium member to see this article and all articles as one long page.   No comments

Rob Hager
Message Rob Hager

For rotten boroughs to have any say in the decision about the best candidate to produce the number of electors that are necessary to win a majority comprised of blue and purple states in the Electoral College is both counterproductive for purposes of effective nomination strategy and also discriminatory toward those who should in all fairness make that decision of a suitable nominee themselves. The power to nominate should be solely in the hands of those states who will produce the nominee's victory, shared in proportion to their respective, fairly expected, contributions to the Electoral College victory.

Rotten boroughs were first declared unconstitutional in the Baker v Carr line of cases. This is considered one of the great Supreme Court reforms of American democracy. But the rotten borough system lived on in the Democratic Party to dilute the influence at the nominating Convention of a reliably blue state like Minnesota. This injustice is supported by inappropriately directed sentimentality about inclusion of or openness to fellow Democrats in red states. This generous fellowship which causes inequality may be the product of a logical glitch in the liberal brain. See Chris Mooney, The Republican Brain (2012).

In Reynolds v Sims (1964), the case that established the democratic principle of one person one vote, Chief Justice Earl Warren wrote that " trees or acres" should not be represented in legislatures. Similarly states devoid of electoral votes should not be represented in making a nomination. States whose electoral votes will with mathematical certainty be cast not for, but against, the Democratic nominee should not be involved in determining the nominee. It is the prospective Democratic electors sent from blue and purple states to the Electoral College that must be equally represented in the nominating Convention convened for the sole purpose of producing those electors.

The weight of a Democratic delegate's vote can only fairly and properly be determined by the share of Democratic electoral votes the delegates' state represents, as that can best be determined from past experience. Giving away equal voting power to states who represent no such past electoral votes dilutes the voting power of those delegates who do. "[W] e must look facts in the face." Awarding votes as if every election will be a landslide, shut-out victory for Democrats is a fantasy that results in discrimination.

As Chief Justice Warren said in Reynolds: "Overweighting and overvaluation of the votes of those living here [rotten boroughs] has the certain effect of dilution and undervaluation of the votes of those living there. The resulting discrimination against those individual voters living in disfavored areas is easily demonstrable mathematically. Their right to vote is simply not the same right to vote as that of those living in a favored [rotten borough] State. Two, five, or 10 of them must vote before the effect of their voting is equivalent to that of their favored [rotten borough] neighbor." The "favored neighbor" in the DNC rotten borough system are the red states most susceptible to corrupt plutocratic influence.

A DNC rule change could very simply abolish this corrupt, undemocratic, and questionably constitutional, system. In an Electoral College system, electors should be the determining factor for awarding equal representation in the nominating Convention, not individual voters. Voters made irrelevant by state law because they are insufficient in number to support a single elector should not be allowed to dilute the voting strength of delegates from states that have reliably sent electors to the College over time. The governing factor is the variable number of electoral votes assigned to every state in accordance with the Constitution. A rule change would mathematically discount the weight of votes of rotten borough states. The adjustment to that number to determine a state's voting strength would be determined on the basis of the state's actual historic, not theoretical, contribution to Democratic membership in the Electoral College.

The new formula would end the false pretense that, since a nominating Convention necessarily precedes an election, blue state delegates must suspend disbelief that red state delegates represent anything but a rotten borough devoid of any remote prospect for delivering essential Democratic electors.

Drafting and enforcing such a rule ending discrimination against blue and purple state voters is simple. The Electoral College results in the previous election provides the strongest evidence whether any potential electors are resident in any state. The voting strength of a state based on its number of electors should be cut by 50% if the state produced no electoral votes for the party in the previous election. The remaining 50% weighted voting strength would be reduced a further 20%, 15%, 10%, and 5% respectively for each previous election where no Democratic electors show up in the state. This covers a full generation back in time. If a state has contributed no Democratic electoral vote in the last 20 years -- which is longer than the lifetime of the youngest born-bankrupt Millennial voter -- its nominating Convention voting strength should decline to zero. A 20-year missing persons statute of limitations would thus run on any continuing pretense that prospective electors are likely to show up in a rotten borough state, and therefore should be represented based on that fiction at the next Convention.

This adjustment of voting strength would apply to every deep red state named above that Clinton won and is currently being promoted as supporting her inevitable "victory." The case against counting such red state delegates is even stronger in the three Plains States that Sanders won, and the two more he will likely win. They have furnished Democratic electors only once in eighty years.

The DNC should therefore stop the pretense that Clinton won anything that should influence her nomination in these red states by stripping voting rights from delegates representing rotten boroughs. In a democratically organized primary system her "big victory" would thus add up to zero delegates, and she would have to concentrate her triumphal celebration mainly on that one-delegate victory in Massachusetts.

To repeat one last time, when the only rational conclusion is that no Democratic electors live in a state, since they have not shown up at the Electoral College for a generation, then that state should have no voting delegates at the nominating Convention. Giving voting power for non-existent electors only serves to unfairly dilute the voting power of those states where Democratic electors have resided and regularly voted for more than a generation, or even two in the case of Minnesota.

To give delegates votes where they represent no electors is the same as enfranchising a rotten borough like British royalty used to do. Aside from being inherently undemocratic by treating unequals as equal, rotten boroughs have always been more prone to corruption and manipulation by powerful interests.

2. Exclusionary primaries

A principal means by which corrupt political parties rig elections is by keeping tight monopoly control over their ballot access privilege. The United States, more than virtually any other country in the world, is a two party system which structurally marginalizes third parties to the point of irrelevance, or worse. Control over one of the two ballot slots conveys very valuable duopoly political power. This gives rise to a multiplicity of means by which political parties rig primary elections, mainly for the purpose of excluding the participation of independents or other disfavored demographics. In this way the duopoly can consistently provide two bad choices for general election voters, as evidenced by typically low voter turnout by many Americans who reject them both.

Next Page  1  |  2  |  3  |  4  |  5  |  6

(Note: You can view every article as one long page if you sign up as an Advocate Member, or higher).

Valuable 2   Must Read 1   Well Said 1  
Rate It | View Ratings

Rob Hager Social Media Pages: Facebook page url on login Profile not filled in       Twitter page url on login Profile not filled in       Linkedin page url on login Profile not filled in       Instagram page url on login Profile not filled in

Rob Hager is a public-interest litigator who filed a Supreme Court amicus brief n the 2012 Montana sequel to the Citizens United case, American Tradition Partnership, Inc. v. Bullock, and has worked as an international consultant on legal (more...)
 
Go To Commenting
The views expressed herein are the sole responsibility of the author and do not necessarily reflect those of this website or its editors.
Writers Guidelines

 
Contact AuthorContact Author Contact EditorContact Editor Author PageView Authors' Articles
Support OpEdNews

OpEdNews depends upon can't survive without your help.

If you value this article and the work of OpEdNews, please either Donate or Purchase a premium membership.

STAY IN THE KNOW
If you've enjoyed this, sign up for our daily or weekly newsletter to get lots of great progressive content.
Daily Weekly     OpEd News Newsletter

Name
Email
   (Opens new browser window)
 

Most Popular Articles by this Author:     (View All Most Popular Articles by this Author)

State Convention: Another Lesson in Strategic Failure by the Sanders Revolution, and How to Recover

Unraveling Comey's Political Fix

The Plutocratic Jurisprudence of the Roberts 5: Episode VII

Sanders Wins another Purple State, But Is Still Lost in a Haze of Bad Strategy and Rigged Delegate Math

McCutcheon: Plutocracy is Corruption

Who's Spoiling Now? Polling Indicates That Democrats Underrate Sanders' Superior Electability at Their Peril: PART 1

To View Comments or Join the Conversation:

Tell A Friend