Cleveland
For those of us with grave misgivings about Trump, the situation here is grim. The Trump-RNC machine is grinding all resistance into the ground.
What’s worse, we have no leader. Many in high office complain bitterly of Trump in private, as though that’s the equivalent of confessing to a priest and gaining absolution. But they won’t lead opposition to save the nation from a man whose statements and conduct are appalling.
So what will happen? The second order of business on Monday is adoption of the rules by which the delegates will govern themselves. Delegates are free to adopt any rules they wish, because they comprise the highest governing body in the party. They can adopt a rule making us all wear prison stripes, if they want. That would be appropriate, actually, because delegates appear poised to surrender their most important rights.
Once and for all, before the final fatal act, can we at least get it right about delegates? State laws binding delegates are unconstitutional. Federal courts, including the Supreme Court, have consistently struck down such laws as violations of delegates’ rights to free speech and freedom of association. In the latest such ruling, the District Court in Richmond, Virginia last week ruled invalid that state’s law purporting to bind delegates and enjoined its enforcement. Never in the 160-year history of the Republican Party has such a statute been upheld. Not once. Zero. Zip.
Notwithstanding this glaring fact, the Republican Convention Rules Committee has recommended the convention adopt rules binding delegates to state laws. Thus, we witness the astonishing spectacle of the Republican Party giving force to unconstitutional laws to which the federal courts have refused to give force. As for state party rules, convention delegates can ignore them if they choose, inasmuch as state parties are creatures of the national convention, not the other way around.
Back to Monday. Close your eyes, unless you want to witness what is likely to be a mass neutering of all 2472 Republican delegates, many of whom are willing if not eager to be neutered to ensure the nomination of Donald Trump. Let’s parse that. Many Trump supporters think Trump cannot be nominated if delegates are free to exercise their judgment, therefore, the solution is to take away that First Amendment right. Somehow, there is a consistency in this, since Trump recently advocated changing libel laws so that super rich guys can intimidate even the largest media outlets, diminishing what? The First Amendment right to a free press.
If delegates are not, in fact, bound by state law and need not bind themselves to state party rules unless they want to, then how have Republican conventions governed themselves for the last century and a half? In every convention save one, delegates have been free to exercise their judgment, or to vote their conscience, as some put it. In one convention, 1976, Ronald Reagan was very closely trailing President Gerald Ford. As an expedient that can only be called a dirty trick, delegates adopted a rule binding themselves to state law and state party rules. One of the architects of that nicety was Paul Manafort. It’s 2016, and Manafort is back, managing for Trump in Cleveland, well on the way to pulling the same stunt.
Even Trump delegates should be upset at the insult to their manhood and womanhood, and probably most of them would be if they knew about it. But, needless to say, the Trump-RNC machine does not explain such things.
All this grimness is compounded by the utter lack of leadership in Cleveland. Had we leadership, it would be at least possible to revolt against the Rules Committee recommendation. It’s hard to believe majority of delegates want to give up their Constitutional rights. If we could defeat the Committee rules and instead adopt 2012 rules, a substantial number of delegates could defect from Trump. Enough to stop him short of 1237? The Trump-RNC machine certainly thinks so, otherwise they would not be going to the trouble of seeking to neuter delegates for only the second time in 160 years.
But there is no leadership and there is alternative to Trump. Among hundreds Republican members of Congress and governors—not to mention those were declared candidates a few months ago—there is not a single one willing to lead the opposition in Cleveland. None. Zero. Most are putting incumbency ahead of integrity or 2020 election calculations ahead of country.
A leader boldly stepping forward on Monday could possibly save the day. Three are on site or nearby. John Kasich. Ted Cruz. Mike Lee.
Gordon Humphrey is a Republican delegate from New Hampshire. He was U.S. Senator from that state from 1979 to 1990.
