Legislation Course @ Moritz College of Law

Are the Democrats violating the Constitution?

Though a throw-back to materials we read in the first part of the semester, I thought folks might be interested to see this news from today's CNN political ticker:

The Democratic National Committee is violating the equal protection clause of the 14th Amendment by allowing only four states to hold caucuses or primaries before the first Tuesday in February, a Florida attorney argued Monday before a federal appeals court.

Attorney Michael Steinberg filed suit in August on behalf of Democratic Party activist Vincent Dimaio after the DNC said it would not seat Florida delegates at the national convention because the state party defied party rules and scheduled its primary for January 29.

A federal judge in Florida dismissed the lawsuit in October, but Dimaio appealed. "You can't treat the citizens of some states differently than other states," Steinberg told reporters after the hearing. "What I tried to assert is that the DNC has the right to make rules … but the rules have to be the same for all the states."

All the process/political news that's fit to print

Today's New York Times has three very interesting articles about the legislative process and modern political dynamics that have lots of connections to topics we've discussed throughout the semester.  Berman bonus points go to any and everyone who can spotlight in the comments direct links from these article to materials in the readings and/or ideas developed in class discussions:

• In Stimulus Plan, Democrats See Gain

• Republicans Weighing the Benefits of Bush’s Embrace

• Neck and Neck, Democrats Woo Superdelegates

Speaking of Ralph Nader...

it now appears that he might be gearing up for another run for President, according to this new CNN story.  I found these excerpts from the story especially relevant in light of our discussion today:

Nader has launched an official exploratory committee Web site, and said he will formally make a decision in about a month.  He said he is certain to get in the race if he can demonstrate the ability to raise $10 million and recruit enough lawyers to deal with ballot access issues....

Nader said he finds Democrats Hillary Clinton and Barack Obama both unacceptable candidates, and he said whichever wins the party's presidential nomination will not have an impact on his decision to run.  "They are both enthralled to the corporate powers," Nader said of the two leading Democrats....

Nader attracted close to 100,000 votes in Florida in 2000 — a state Al Gore ultimately lost to George Bush by approximately 500 votes. He brushes aside suggestions his candidacy this year may ultimately spoil the election for the Democratic Party. "Political bigotry will be the label on anybody who uses the word 'spoiler,' he said. "Because 'spoiler' means minor candidates are second class citizens. Either we have an equal right to run for election, or we are spoilers for each other trying to get each other's votes."

Hmmmmm....