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Title: Are the GOP rules really rigged against Donald Trump?
Source: [None]
URL Source: http://www.cnbc.com/2016/04/25/are- ... t-donald-trump-commentary.html
Published: Apr 26, 2016
Author: Bruce Abramson Jeff Ballabon
Post Date: 2016-04-26 06:04:05 by no gnu taxes
Keywords: None
Views: 15550
Comments: 108

“It’s not fair!” may be the most pitiful lament in the English language, but Donald Trump seems intent upon adopting it as his battle cry heading into this summer’s Republican convention. The GOP’s poorly designed nominating process includes more than its share of problems, but is it really unfair to Trump?

The question does warrant consideration — particularly given Monday morning’s announcement that the Cruz and Kasich campaigns have decided to coordinate their efforts to deny Trump the nomination.

Perhaps the unfairness is miscommunication, or worse, deceptive marketing. Nominating processes exist to select a party's standard-bearer. While there may be room to dispute whether "the party" means professional leadership, elected officials, state and county committee members, or registered members, it ought not extend to anyone who decides to participate in a primary or caucus; open primaries invite abuse from voters whose goals may not involve selecting the party's strongest representative. Those with deep ties to the party deserve greater input than those with tenuous or nonexistent connections.

Yet Democrats and Republicans alike have chosen to pretend otherwise. America's primary season has the look and feel of an extended general election, from polling places to media coverage. This season, both parties have spread the misconception, both have been caught in the lie, and both have angered many voters whose support they will need in November.

While some might see this deception as unfair, however, it has hardly worked against Trump. Trump's connection to the Republican Party is weak and of recent vintage, and he often boasts that many of his supporters are new to the Republican Party. Longstanding Republicans have generally preferred the more traditional candidates. If anything then, Trump is a beneficiary of this misrepresentation rather than its victim.

Perhaps the unfairness lies instead with the dizzyingly variable rules converting primary votes into delegates. In a reasonable system, each state would allocate delegates proportionately. As things stand, most states do not. Still, the big losers in this arena have been Marco Rubio and John Kasich; Trump has leveraged about 40 percent of the vote into about 49 percent of the delegates.

Perhaps, then, the unfairness lies with the finish line, drawn one delegate beyond the 50 percent mark. It is entirely possible that the first-place finisher — almost certainly Trump — will fail to cross that finish line on the first round. But Americans are quite comfortable with concepts like overtime, or with rules insisting that victory requires a margin of at least two points.

Few consider it unfair to award the Super Bowl, Stanley Cup, or World Series title to a team that failed to boast the best record in regular season play. Here, too, the rules have been clear for decades: if no candidate crosses the finish line in round one, play proceeds into round two, with rules different enough to permit a different outcome.

Or perhaps the unfairness stems from the mysterious "Rule 40(b)," limiting consideration to candidates winning majority support from eight state delegations — a hurdle that only Trump and Ted Cruz can clear. Perhaps Trump's complaint is that the rules committee, which meets at the start of each convention, is likely to eliminate Rule 40(b) and open the floor to additional nominees.

But Rule 40(b) was a one-time anomaly, designed to minimize Ron Paul's role in the 2012 convention. No one ever expected it to persist.

Finally, is it unfair for two of the remaining candidates to collaborate — some might say conspire — against a third? Election law contains many rules about the sorts of coordination permissible in support of a candidate, but relatively few rules about coordination to defeat a candidate. According to the strategy announce this morning, the Cruz and Kasich campaigns have simply agreed to focus their efforts in different states with upcoming primaries. Hard to see anything unfair about that.

Regardless, the tactical politicking pales in comparison to the unique advantages Trump's campaign has exploited with his enormous wealth and celebrity-driven free media coverage. Our political system hasn't been fair to Trump? Really?

No, the only plausible source of Trump's complaint is that he might not win. Despite having leveraged his marketing prowess to an improbable lead among pledged delegates, he may still fall short, collapsing in the playoffs after a remarkable regular season.

At the end of the day, and for all of its flaws, the GOP will have held a fair nominating contest if Trump breaks 1,237 votes on the first ballot to become its nominee. It will have held a fair nominating contest if an inconclusive first round allows Cruz's strategic ground game to soldier across the finish line on the second or third round. And it will have held a fair nominating contest if the delegates pull a name out of a hat to break the deadlock on the forty-second round. In the art of the deal, it's all about closing.

"It's not fair!" is a slogan for whiners, not for winners. It is not a battle cry for fierce competitors. It is, as Trump should recognize, the last refuge of pathetic wimps.

A pathetic wimp will not make America great again. Nor will a loser who declares victory upon coming close. America deserves a president who can master the complex rules of world leadership and play to win. If Trump wants to be that president, he will have to convince Americans that he possesses that mastery. Bellyaching about a set of rules that have broken to his clear advantage is hardly convincing.

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Begin Trace Mode for Comment # 95.

#7. To: no gnu taxes (#0)

Trump has leveraged about 40 percent of the vote into about 49 percent of the delegates.

That doesn't seem fair.

Trump currently has 844 delegates.

Cruz, Kasich, and Rubio combined have 862.

I think the Trump campaign team finally did the math and know there will at least be a second ballot call at the convention. If Rubio and Kasich delegates go to Cruz, there may be a third and fourth ballot.

Trump should be thanking the GOP for its 'beer math' delegate system. It has worked in his favor as he only has 40% of the popular votes compared to his 49% of delegates.

Of course the facts is not what most politicians are interested in.

So I don't see how people call the process unfair. Trump does not have the majority of delegates right now. He may in the next few days. He may even reach the magic number. However, right now, he does not have the majority of delegates. Three others combined do.

redleghunter  posted on  2016-04-26   8:52:21 ET  Reply   Untrace   Trace   Private Reply  


#10. To: redleghunter (#7)

"Cruz, Kasich, and Rubio combined have 862."

Are you saying we should have three Presidents?

misterwhite  posted on  2016-04-26   8:54:58 ET  Reply   Untrace   Trace   Private Reply  


#12. To: misterwhite (#10)

Are you saying we should have three Presidents?

Different process. The parties are nominating candidates for President.

redleghunter  posted on  2016-04-26   9:08:51 ET  Reply   Untrace   Trace   Private Reply  


#14. To: redleghunter (#12)

"Different process. The parties are nominating candidates for President."

Then I'll re-phrase. Are you saying we should have three Presidential candidates?

misterwhite  posted on  2016-04-26   9:13:21 ET  Reply   Untrace   Trace   Private Reply  


#17. To: misterwhite (#14)

Then I'll re-phrase. Are you saying we should have three Presidential candidates?

I'll state clearly again.

The GOP is in the nomination process for a Presidential candidate.

These rules have been in place (Convention rules) for about a half a century or longer.

redleghunter  posted on  2016-04-26   9:44:00 ET  Reply   Untrace   Trace   Private Reply  


#20. To: redleghunter (#17)

"The GOP is in the nomination process for a Presidential candidate."

Correct. A Presidential candidate. So why are you combining the delegates from three Presidential candidates?

misterwhite  posted on  2016-04-26   9:58:02 ET  Reply   Untrace   Trace   Private Reply  


#23. To: misterwhite (#20)

Correct. A Presidential candidate. So why are you combining the delegates from three Presidential candidates?

You are in the wrong 'sport.' This is a nomination process and not a general election campaign. For the GOP nomination as long as a candidate continues on the ballot in all state contests they are assured on a first ballot to have those delegates counted at the National GOP Convention.

The nomination process is an amalgamation of the 50 states and US territories state GOP conventions culminating in the GOP National Convention. It is not a national democratic election nor is our Electoral system for the general election.

Trump will no doubt have a plurality of delegates at the national convention but he will not have (most likely) a majority. If he has a majority of the delegates there will be no second ballot.

This process should not be so difficult for Republicans and any American to recognize. If in the general election for President no candidate reaches 270 electoral votes what happens? It goes to the House of Representatives. If you have an issue with that or a President who is elected with over 270 electoral votes but loses the popular vote, then you can keep company with Algore.

redleghunter  posted on  2016-04-26   10:13:24 ET  Reply   Untrace   Trace   Private Reply  


#30. To: redleghunter (#23)

This process should not be so difficult for Republicans and any American to recognize. If in the general election for President no candidate reaches 270 electoral votes what happens? It goes to the House of Representatives.

You have recounted "how the system works", but you've failed to recognize that in the end when it comes down to it, it DOESN'T work. The country NEVER unites behind the "winner" of a crooked process, the winner NEVER has a mandate. The "winner" has a disastrous presidency, and the other party sweeps to power and changes the ground rules of everything once they get it.

That's the end result of this sort of shenanigans every time.

Vicomte13  posted on  2016-04-26   10:30:03 ET  Reply   Untrace   Trace   Private Reply  


#53. To: Vicomte13 (#30)

You have recounted "how the system works", but you've failed to recognize that in the end when it comes down to it, it DOESN'T work. The country NEVER unites behind the "winner" of a crooked process, the winner NEVER has a mandate. The "winner" has a disastrous presidency, and the other party sweeps to power and changes the ground rules of everything once they get it.

That's the end result of this sort of shenanigans every time.

Would the GOP want a state by state winner takes all popular vote for their nomination? Would they want NY and CA deciding their candidate? That is why the nomination process is what it is right now.

Sure there is no consistency state by state for either party in the nomination process. It is not a federal election but a primary of a political party. Some states allow independents and Democrats to vote in GOP primaries. Is that fair when some do not and restrict primaries to registered Republicans?

The only way to have a across the board 'fair' popular vote is to restrict only registered Republicans to vote in Republican primaries.

redleghunter  posted on  2016-04-26   13:00:46 ET  Reply   Untrace   Trace   Private Reply  


#71. To: redleghunter (#53)

The only way to have a across the board 'fair' popular vote is to restrict only registered Republicans to vote in Republican primaries.

The Republican Party could insist upon that rule.

They don't.

Vicomte13  posted on  2016-04-26   16:08:36 ET  Reply   Untrace   Trace   Private Reply  


#73. To: Vicomte13 (#71)

The Republican Party could insist upon that rule.

They don't.

They did in the Colorado caucus. Name not on the registered voter list? Pound sand.

VxH  posted on  2016-04-26   17:07:31 ET  Reply   Untrace   Trace   Private Reply  


#74. To: VxH (#73)

They did in the Colorado caucus. Name not on the registered voter list? Pound sand.

Screw the people out of Trump by your convoluted rules, enjoy Hillary Clinton and a lifetime of Democrat rule.

Vicomte13  posted on  2016-04-26   17:52:53 ET  Reply   Untrace   Trace   Private Reply  


#75. To: Vicomte13 (#74) (Edited)

Screw the people out of Trump by your convoluted rules

1. Google "where is my Colorado caucus precinct"
2. Walk down the street to the local H.S.
3. Find the class room where your neighborhood caucus precinct is meeting.
4. Raise your hand, or not, when asked "who volunteers to be a delegate?".
5. Write your choices among the volunteers on a scrap of paper.
5a Have a straw poll (Cruz 22, Trump 6)
6. Selected delegates go to the state convention and select state delegates from amongst themselves.

If that's too convoluted for you to figure out then stay home and watch Gilligan's Island.

VxH  posted on  2016-04-26   19:06:31 ET  Reply   Untrace   Trace   Private Reply  


#77. To: VxH (#75)

If that's too convoluted for you to figure out then stay home and watch Gilligan's Island.

I like the idea better of federal law that rams primaries down the throat of every state, and forces the delegates to be bound to whom the state selects.

We are one country, and we should have one reasonable, transparent and predictable system for choosing our leaders.

The parties have made it hard, and are about the steal the nomination from our choice. We the People should overthrow the command of the process by the parties using law, just like we did when we took away the power of the parties to pick Senators and wrote into the Constitution that that power belongs to us.

The parties brought the direct election of Senators onto themselves by corruption. They are fast bringing federal control over primaries onto themselves by their corruption also.

After all, federal dollars are spent on Presidential elections. Therefore, we the people, whose dollars are being spent, have the right to impose election law on the parties through Congress AND WE WILL if this shit continues.

If Trump gets past all of this corruption and wins the White House, electoral reform will come in like a hurricane, and you can bet HE is not going to hold hearings on how corrupt the process is. He's already experienced, and he will use his power to sweep it away.

And that will be a good thing.

Closed or open primaries, that can be left to the states. Caucuses? Too corrupt. States should have primaries. Unbound delegates? No. The people should chose the delegates, based on whom they vote.

The parties take federal money, they can be regulated by the law. And obviously they need to be.

Don't want a federal takeover of primary elections in the interest of fairness and a republican form of government - then back down and let the winner of the primaries be the nominee. Simple. Sane.

And it breaks the enemy in a way that he can't regroup.

Vicomte13  posted on  2016-04-26   20:44:52 ET  Reply   Untrace   Trace   Private Reply  


#79. To: Vicomte13 (#77)

I like the idea better of federal law that rams primaries down the throat of every state, and forces the delegates to be bound to whom the state selects.

That might work if the political parties were federal entities. They are not.

redleghunter  posted on  2016-04-27   11:28:15 ET  Reply   Untrace   Trace   Private Reply  


#80. To: redleghunter (#79)

That might work if the political parties were federal entities. They are not.

This year's corruption in the Republican Party demonstrates why they must be made so. The parties cannot be trusted to honestly manage the process by which the Presidential candidates are chosen.

Therefore the law shall step in and impose rules, just like in every other industry.

Donald Trump has an exceptionally strong motivation to gut this current charade of a process and make it obey standard rules of fairness, transparency and honesty.

So once he's elected, I hope he will make election law reform an important objective.

Vicomte13  posted on  2016-04-27   11:53:20 ET  Reply   Untrace   Trace   Private Reply  


#90. To: Vicomte13 (#80)

This year's corruption in the Republican Party demonstrates why they must be made so. The parties cannot be trusted to honestly manage the process by which the Presidential candidates are chosen.

Seems the process as stands is still in favor of a Trump nomination of the first ballot.

By Real Clear Politics Trump has 954 or so delegates. He's 283 or so shy of the 1237 or so. 502 delegates have yet to be named (states remaining) and 172 of them are 'winner take all' from CA. Most of the other contests left are also winner take all. Given most are either deep blue Democrat states and purple states, Trump will IMO be the nominee without contest.

redleghunter  posted on  2016-04-27   17:25:19 ET  Reply   Untrace   Trace   Private Reply  


#91. To: redleghunter (#90)

Seems the process as stands is still in favor of a Trump nomination of the first ballot

Perhaps.

I think that the hidden process is much more in Trump's favor.

T Boone Pickens came out for Trump. The billionaires are moving, and as that happens, these "unpledged" delegates are going to start pledging, for Trump not Cruz. I think this will start to happen before Indiana, because the billionaires want this thing over, now that it's clear Trump won.

Get it over, focus on Hillary.

Pragmatically, that means that the current bad process will probably survive. Trump never campaigned on changing the internal rigging of the GOP. He figured that he would be the nominee if he ran away with the primaries, and was probably as surprised as anybody at the degree of corruption and nastiness.

If the corruption and nastiness continue, that may well mean that reform of the primary process becomes a plank of his platform. But if the billionaires come in line and bring the party in line, Trump's already got four big platform changes: Wall and deport, renegotiated trade agreements with China - or else tariffs, make a deal with Russia, and saving universal health insurance through competition.

Those are all Big Things that will require a lot of effort. If he gets what he wants out of the nomination process in the end, he may decide not to fight that battle.

Vicomte13  posted on  2016-04-27   17:40:58 ET  Reply   Untrace   Trace   Private Reply  


#92. To: Vicomte13, Y'ALL (#91)

If the corruption and nastiness continue, that may well mean that reform of the primary process becomes a plank of his platform.

The nastiness will continue, primary reform will not..

But if the billionaires come in line and bring the party in line, Trump's already got four big platform changes: Wall and deport, renegotiated trade agreements with China - or else tariffs, make a deal with Russia, and saving universal health insurance through competition.

May be platform, but actual changes? -- After election? The wall might get through congress, -- don't hold your breath on anything else.

Those are all Big Things that will require a lot of effort. If he gets what he wants out of the nomination process in the end, he may decide not to fight that battle.

Trump will fight a lot of battles, but win few, imo. Let's hope he can get some reasonable constitutionalists on the SCOTUS..

tpaine  posted on  2016-04-27   17:57:51 ET  Reply   Untrace   Trace   Private Reply  


#95. To: tpaine (#92)

May be platform, but actual changes? -- After election? The wall might get through congress, -- don't hold your breath on anything else.

I'm not.

Look at our Constitution - you know it well - and think about the positions Trump has struck.

First: The Wall. It's ALREADY law. Trump can break ground and start building it without Congress using money already allocated for fence maintenance and discretionary spending. Congress would have to work hard to STOP him from building it, partly by the military, partly by the INS, by the Army Corps. Here, there, everywhere.

You START building it, and there are immense cheers, and effects, and manipulated crime statistics to show how good it's working, and the pressure on a GOP Congress to keep going becomes really easy to accede to. Especially with Trump saying "On! On!"

See, if you DON'T want to really build a wall, you do what Congress did when they passed the Wall Legislation. Make it full blown set-piece. Require integrated plans, studies, hold lots of hearings, and then insist on getting funding for the whole thing set aside.

If you WANT to build it, you start building it using existing legislation and local initiative, and you point to the good effects and popularity that come at once, and then Congress follows you.

SECOND: A deal with Russia. The President conducts foreign policy. The Senate is needed to ratify treaties, but Congress has no role in executive agreements.

Congresional approval and funding is needed to send troops IN, but the President on his own authority can pull troops OUT of anywhere. Congress has no Constitutional power to PREVENT an American President from redeploying forces away from Russia's borders and to the USA...say, to build practice fortifcations and do drills along the Mexican Border. People can get real mad that the President has changed the US National Strategy, but he is the Commander-in-Chief and he has the authority, granted by the Constitution, to do just exactly that. If the President of the United States decides that the US is going to militarily cooperate with Russia, share intelligence on terrorists, and redeploy US forces far back from the Russian Border, he orders it and it is done, and the next review of that is on his re-election. Congress cannot countermand his military orders, and as those orders CUT costs instead of require MORE money, the power of the purse can't be brought to bear.

If Trump decides that the US is going to ally with Russia for 4 years, then the US will be allied with Russia for four years, and there is no power under the US Constitution that can stop him, NO MATTER WHAT Congress thinks, or the CIA and military for that matter.

Likewise trade deals. Sure, Trump can't impose tarriffs, but he can take all sorts of executive diecisions that simply BLOCK China trade and start to WRECK the fortunes of some well heeled people. And the President can make Executive Agreements with any foreign nation. These agreements don't have the status of Treaty, but it's like a gap appointment to a Supreme Court position or to a cabinet position. The official may not be permanent, but until the President leaves office or Congress approves him, that gap appointment or Executive Agreement stays in place and functions exactly as a ratified treaty or approved nominee does.

In the past, when Republican Presidents have been blocked by Democrat Congresses, they have turned to foreign and military policy, because in those spheres Congress is essentially powerless, and the President has the power to make decisions and commit, or withdraw, forces with very limited ability of Congress to interfere. A Democrat Congress did everything in its power to stop Reagan from toppling the Sandinistas. Reagan won, because the truth is, the President's power to conduct foreign policy and to set military strategy overwhelms the very weak powers of Congress to interfere.

All three of Trump's primary policy positions are foreign policy and military strategy related. He can call Vladimir Putin the day he's elected, fly to Moscow the next day, agree with Russia to a Ukranian settlement and to a Palestinian Settlement (if they both want to), and then fly back and start imposing it the next day, and there is literally nothing that anybody can do but twist his mouth in outrage.

Trump's choice of policies fall squarely within Executive prerogative. And if that prerogative is tested, Trump's nominee will be the swing vote on the Supreme Court -and who on the Supreme Court now is going to oppose Trump's constitutional executive authority to conduct foreign policy when the policy is peace and cooperation with Russia, because some bellicose GOP Senators don't like it?

Trump's choice of battles are all areas where he has great power as President.

His big domestic policy initiative - bringing down state barriers to the health insurance market, to make it one big national market, will require support of STATE legislatures, mainly. as well as Congress. SAVE Obamacare by reducing costs. The Democrats will go for that. So will the Kasichs and Christies,who have already accepted Obamacare Medicaid funds for their people. The Republicans were not able to stop a Democrat from implementing Obamacare. They'll be even weaker when trying to resist a popular Republican President.

Actually, Trump can get his way on Russia, on the Wall, on trade , on Muslim immigration very fast, and will win over time on bringing down state regulation of health insurance to reduce costs. He can stand as a neutral arbiter between Israel and Palestine if he chooses to, and he will choose to.

All these things happen, and he's already a successful President, doing great sweeping things that are within his power.

Then he can tackle the tax laws.

It's hard for a Republican Congress to resist a popular and successful Republican President.

Trump will get his agenda if he's elected.

Vicomte13  posted on  2016-04-27   19:04:07 ET  Reply   Untrace   Trace   Private Reply  


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