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Independent voters group challeges Democrats' closed primary suit

Jul 31st 2013 at 6:08 PM
Ken_Conklin wrote: I'm going to address two issues: (a) whether the government has the legal right to force a political party to allow people to vote in its primary election even when the party hates their guts; (b) whether the Constitutional right to freedom of association can be used by a political party to keep people it doesn't like from voting in its primary election. (a) The U.S. Supreme Court ruled in Smith v. Allwright that a political party (the Democrats in Texas) cannot exclude a racial group (blacks) from voting in the party s primary elections. Thus we see that the government has the right to force political parties to allow people to vote in their primaries even when the parties themselves would prefer to exclude them. That case was decided back in the days when racial segregation was normal in Texas. But aside from racial discrimination, that case proves that the government does have the right to force a political party to let people vote in its primary election even when the party would like to keep them out (whether or not race is the issue). I might add that one of the reasons the Court ruled that way in the Texas decades ago was because the Democrat Party was overwhelmingly powerful, so that the Democrat nomination for a statewide office was pretty much a guarantee of getting elected just like Hawaii! The Democrat Party is so powerful today in Hawaii that even some politicians elected to office as Republicans feel they must switch to the Democrat Party in order to get anything done in the legislature. It s very much the way things were in the old South where the Democrats ruled, and the party refused to let black people join the party or vote in the primary elections, until the U.S. Supreme Court forced the party to give up that whites-only rule for primary elections. So long as Hawaii is a one-party State, it s important for people to be able to vote in the Democrat primary. (b) I have heard the argument that the Constitution guarantees the right to free association. People should be allowed to choose their friends and to exclude those who disagree with them. Protestants don t get to nominate the next Catholic Pope. The Israelites didn t get to participate in deciding that Goliath would be the standard-bearer for the Philistines. That freedom of association argument is the one always used by white racists who wanted to keep blacks out of their lunch counters, and by today s homeowners who advertise an apartment for rent but want to discriminate against particular races, particular religions, or same-gender couples. It was the same argument used right here in Hawaii to prohibit people with no Hawaiian blood from voting for or running to be trustees of the state government agency Office of Hawaiian Affairs. I'm not saying that the Dems who want a closed primary are racists like the Dems in Texas decades ago. But I am saying that the freedom of association argument is the same one used by the racists back then,Cheap NFL Jerseys for sale, and still used today by people who want to discriminate based on race or religion or gender or sexual preference. Federal courts, and courts in Hawaii, have repeatedly ruled that the Constitutional right to freedom of association cannot be used as a way to stop political parties from letting people participate, nor as a way for homeowners or condo associations to keep out whole categories of people on account of religion,NFL jerseys outlet, gender preference, handicaps, etc. Democrats and liberals in Hawaii claim to be strongly supportive of openness in government, and non-discrimination in public accommodations. But now we have Democrat liberals nevertheless demanding that the all-powerful Democrat party in our one-party State should be able to keep out voters who haven t taken a loyalty oath to the Party. What a bunch of hypocrites they are! on July 11,2013 | 04:40AM
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