The Constitution says nothing about the presidential nominating process and has had little direct role in the evolution of that process from congressional caucuses to party national conventions to our current primary-dominated system of selecting convention delegates.1 Yet, constitutional law is a factor in empowering and constraining the principal actors in the nomination process and in shaping the framework for potential future changes.


Is there a law limiting how political parties what they can do with superdelegates? Superdelegates are the reason why Clinton won over Berny and I was wondering if there's any law that limits what a political party in the U.S. can do. From what's I've read, it doesn't seem like there's any law on this, but common sense tells me that you cannot have the superdelegates votes count for 100% of the share of the votes, because then it wouldn't be democratic at all.

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Each party can set its own rules for selecting their candidate. "Superdelegate" is a thing only for the Democratic party, though one can expect there to be attempts to expand the meaning of the expression. There can be state laws governing the presidential primary process. This law of Ohio describes the election of delegates in that state, so that delegates and alternates to the national convention are selected by direct vote. However, this law only regulates the process of selecting a "major" party's delegates from that state, and does not regulate how the national convention is structures and what the party rules of running a convention can be (Ohio can't override California or Montana law, and the Federal government doesn't and can't do so, beyond regulating "elections"). There can also be some restrictions on candidates, for example a law prohibiting two parties from running the same candidate for an office – again, this is about elections, not convention procedure.

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