A Brokered Convention, The Mischief of Factions and the Empire Strikes Back



The first thing to know about political parties is that they are not mentioned in the Constitution.  Nor are they alluded to in any of the amendments to the Constitution.   Indeed, one of our founding fathers (specifically the peevish James Madison) inveighed against the “mischief of factions.”  Political parties were a latter day creation of the people, protected by the First Amendment right to free association and any state laws that try to manage, control or deter them lose legal challenge. 
            The next thing you need to know about political parties is that the delegates who go to their respective conventions are a bunch of free radicals, governed only by party regulations, traditions and rules of thumb.  That same thumb, by the way, can be shoved in the eye of the establishment at any time.  For example, by tradition and even written rules a delegate to the Republican Convention is required to vote for the candidate preferred in his/her state’s primary on the first ballot.  But they void that requirement by amending Rule 16 or by “voting their conscience.”  Now, such a departure from decorum may leave that lady (or gentleman) eating alone and sitting on the “bad girl” bench for the rest of the convention, but the vote still counts.  There really is a lot of mischief in those factions!
            This year, for the first time since 1948 the Republicans are facing the possibility of a brokered convention.  In that year they ended up with Thomas Dewey who then was beaten by Harry Truman (frankly a better choice). 
            Conventions are conducted by Roberts Rules of Order.  Smart.  If you think such specific rules are cumbersome, try getting anything done without them.  The best thing about encoded parliamentary procedure is that it offers protection in both directions.  It protects the rights of the minority to be heard but protects the rights of the majority as well.  One side may not be silenced; the other side may not be stymied.  Both sides have an equal right to prevail.  If you are in the minority—well, maybe you are wrong.  If you are in the majority—well, maybe you are wrong too and should listen to others. 
            The first vote bears watching.  This will be the credentials vote, which is duller than dirt but does determine which delegates are given the right to sit on the floor and vote.  George McGovern won the infamous 1972 Chicago Democratic Convention because two credentials challenges to his delegates failed: they were seated, they won, and McGovern lost every state except Massachusetts and Washington D.C.  He even failed to win his home state of South Dakota.  But, the lathered masses didn’t want reality, they wanted to throw a tantrum.
            If the Trump wing-nuts are thwarted in their efforts to get enough delegates to win a majority vote the Republican convention will hold one vote after another until enough deals, arm-twisting and heart-to-heart talks are made to cluster the correct number of delegates around another (saner) candidate.  But, and here is where things get very murky, even if Trump gets the magic delegate count, the delegates themselves may decide “as a matter of conscience” not to vote for him.  Now that would be a disruption in the force!  The Jedi knights and the storm troopers would probably end up mixing it up pretty good on the floor of the convention. 
            I will be watching, too.  Knowing that Trump is not working for Republicans, he is working for Hillary.  Knowing that the media is hoping for a self-destruct button on my party.  Hoping for a miracle and keeping the faith. 

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