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This is absurd. Candidate choice is not an internal party matter. We have these state run things called primaries that have determined nominations for a long time in this country. I know it’s convenient to say “internal matter” but most internal matters don’t require the local Secretary of State to get involved.
But it is still true. You are right to point out state involvement. But most states have no law about whether delegates are bound legally and those that do almost invariably have an exemption for the candidate withdrawing. Plus many other exemptions for being unbound after rounds of voting or if their chosen candidate is doing too badly.
But regardless of all that the Supreme Court held that state election law cannot override a parties internal processes in any case. It is literally legally an internal matter.
Regardless of the primaries, the delegates were legally free to pick Kamala. All the DNC delegates are bound to do is in good conscience represent their voters. If they in good conscience think their voters would no longer want Biden they can and indeed should switch even if he didn't step down. Note this rule was changed in 1980 when they were trying to replace Carter as acandidate with a Kennedy, and only their own internal rules prevented them from doing so. So this is something that has been planned for. The only thing they have to do is manage the political fallout if any.
The truth is the primaries are theatre legally. The only thing that binds the parties are their internal rules. Hence an internal matter.
There are principles of norms and there are legal realities. The fact is people have understood for a long time that primaries are how we pick candidates. The fact is those processes are run by states.
And now when the Dems were going to lose they claim “well it is just an internal matter” ignoring the norm that even involved the state!
Except they did the same back in 1980 but were stopped only by their internal rules. Which they then changed, so they could do it if they wanted. The fact they haven't needed to, doesn't change the fact they were prepared for it, over 40 years ago.
People can understand all sorts of things, it doesn't mean those things are true. As long as the DNC is competent at convincing their voters then we have established there is no actual other impediment. In fact the Supreme Court relied on the ultimate norm. The Constitution. The first amendment is what allows the parties this broad latitude.
Is your position that norms should override Constitutional rights? Because that seems somewhat problematic for other rights you probably support. Its certainly been the norm in blue states to make owning guns difficult. Does that trump 2A rights? If New York is forced to allow open carry will you curse this overriding of norms?
At the end of the day, what happened was legal. Indeed it would have been legal even without Biden stepping down. With him stepping down it is both legal and I would argue within the norms most people consider. My delegate will choose someone other than my candidate if they step down or die is one of the norms of primaries after all.
If enough people dislike how it was done, they can punish Democrats at the ballot box.
Funny enough I don’t think the 2A protects guns if I’m relatively pro guns.
And my broader point is that a lot of what makes a society work and a constitutional order work is respecting for norms. Pushing things to the legal breaking point is not a good thing. This is pushing a norm to a breaking point.
As for Biden “stepping down” he was forced out. Again norm breaking.
Politicians being pushed to step down IS the norm. It happens every other Tuesday. I honestly do not think you understand how much influence national political parties have over their candidates and how often they use it. Which is a lot. Biden will have been pressured for his stances on the Ukraine and Israel, and taxes and many other things. Sometimes he will have spent his political capital to win, sometimes he will have lost. That is the reality of organized political parties.
Here he did not have the political capital to win, and this is entirely normal in political parties. The President is not some all-powerful figure. Unless you are saying they put a gun to his head, then it is normal for parties to pressure their politicians, to an extent that is what they are for. To push their politicians into doing what the party thinks is best. Sometimes they will have the clout to do it, and sometimes the politicians have the clout to push back.
But there is no norm against a party pushing a candidate to stand down. In fact if they did not try to get a candidate they think will do badly to change or step down they would be lax in their duty. Whether that is a damaging affair, being outed as gay, or whatever, I guarantee you that there are politicians all over the world right now, who are about to step down because they are under pressure from their party. They will give some speech about needing to spend more time with their family and how they thank the people for giving them the chance to serve etc. etc.
Why do you think a Presidential candidate should be or is immune to this?
Can you show an example? One prior example?
Of a politician stepping down? How about Menendez?
Here he is saying he definitely will not resign:
"MADISON, N.J. -- Convicted U.S. Sen. Robert Menendez has told CBS New York he's not stepping down, even as some fellow senators have called for his resignation.
Menendez has vowed to appeal his corruption conviction and on Wednesday, despite reports he was caving in to demands to resign, the senator dug in and told reporter Christine Sloan, "I can tell you that I have not resigned nor have I spoken to any so-called 'allies,'" adding, "Seems to me that there is an effort to try to force me into a statement. Anyone who knows me knows that's the worst way to achieve a goal with me.""
Then 5 days later he steps down:
"Democratic Sen. Bob Menendez of New Jersey will resign his seat effective August 20, according to a copy of his resignation letter obtained by CNN. In July, Menendez was convicted of 16 counts — including bribery, extortion, wire fraud, obstruction of justice and acting as a foreign agent — for his role in a yearslong bribery scheme."
What do you think caused this miraculous change of heart in 5 short days? Intense pressure from his party. Specifically the party whips whose job it is to get their party in line.
You mean a guy who was convicted for bribery charges had a hard time not stepping down? That seems a little different…
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The problem is the inconsistency. As you point out, Blue Tribe norms almost always trump constitutional rights. New York's laws, as a practical matter, actually do override the Second Amendment. The reverse almost never happens.
No, but then again, this will not happen. I will happily put up money on this.
Sure, probably not. But if both sides are inconsistent, then the argument is moot.
I'm not arguing against hypocrisy, I'm arguing against the fairness of the inconsistent application of this principal in reality.
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