2008 Woodie Awards
Florida primary move highlights broken presidential primary system
Matt Stearns
Issue date: 10/10/07 Section: News
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Congress is considering a bill that would rotate regional primaries each election cycle while preserving the early-voting status of Iowa and New Hampshire. Other proposals include variations on the regional system, as well as the so-called "Delaware plan," which would give less-populated states the early primaries, with later votes moving progressively to more populated states.
But the Constitution limits Congress' role in the presidential election to setting the date of the national election. And the basic tenets of federalism make it unclear whether Congress could force states to hold presidential primaries when it wants them to. Plus, political parties generally are considered private entities whose workings are protected by the First Amendment's right of free association.
Even if the courts allowed congressional intervention, members of Congress probably would be tempted to tamper with the system every four years to aid allies, hurt opponents or empower regions, noted Larry Sabato, the director of the Center for Politics at the University of Virginia.
Sabato said effective change required boldness: In his new book, "A More Perfect Constitution," he calls for several amendments to the Constitution, including a rotating, regional-based presidential nominating system.
"It's the most obvious need in constitutional revision," Sabato said. "If you don't get it in the Constitution, it'll never work. ... It's filling a gap left by the founders, because they didn't believe in political parties and they didn't believe in mass politics."
But the Constitution limits Congress' role in the presidential election to setting the date of the national election. And the basic tenets of federalism make it unclear whether Congress could force states to hold presidential primaries when it wants them to. Plus, political parties generally are considered private entities whose workings are protected by the First Amendment's right of free association.
Even if the courts allowed congressional intervention, members of Congress probably would be tempted to tamper with the system every four years to aid allies, hurt opponents or empower regions, noted Larry Sabato, the director of the Center for Politics at the University of Virginia.
Sabato said effective change required boldness: In his new book, "A More Perfect Constitution," he calls for several amendments to the Constitution, including a rotating, regional-based presidential nominating system.
"It's the most obvious need in constitutional revision," Sabato said. "If you don't get it in the Constitution, it'll never work. ... It's filling a gap left by the founders, because they didn't believe in political parties and they didn't believe in mass politics."
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