http://thecaucus.blogs.nytimes.com/2008/02/21/playing-by-party-rules/#more-4309Playing by Party Rules
By Matt Bai
Primary Argument - Matt Bai - The Caucus - Politics - New York Times Blog
When Bill Clinton ran for president in 1992, he talked, memorably and incessantly, about protecting those families who “worked hard and played by the rules.” Sixteen years later, it appears ever more likely that the outcome of this year’s Democratic nomination fight will rest, in the end, on how party leaders interpret the rules. As I’ve written here before, there is no real ideological divide in the party; most Democrats would seem to be satisfied with either Hillary Rodham Clinton or Barack Obama, so there’s no reason to think either candidate’s followers will automatically revolt if they lose. But no matter who wins, if the process itself ends up confirming the growing suspicion among voters that the rules are only there to be rigged, then the outcome could devastate a party whose central argument is all about fairness.
Much has been written about the possible permutations in the Democratic race from here on out, but at this point it’s fairly simple. After his victories Tuesday, Mr. Obama now has a slim but hard-to-surmount lead in “pledged delegates” — those awarded in state contests. If Mrs. Clinton were to win the trio of Texas, Ohio and Pennsylvania by huge margins, then she might be able to overtake him, but that doesn’t seem terribly likely, given the dynamic of the race right now. Even so, neither candidate has much chance of emerging from the primaries with the 2,025 delegates needed to lock up the nomination, which means that even if Mr. Obama maintains his lead, Mrs. Clinton can—and probably will—fight on.
There are only three ways in which she would probably be able to alter the outcome in that event, and all of them involve manipulating arcane rules. First, there are the 366 delegates from Florida and Michigan, most of them won by Mrs. Clinton, that the party threw out because those states held their primaries earlier than allowed. (None of the candidates campaigned in Florida, and Mr. Obama wasn’t even on the Michigan ballot.) The Clinton team is exploring a compromise that might pass the party’s rules and bylaws committee and that would reinstate at least the Florida delegates, perhaps using some new formula to divvy them up. They have until June 29; after that, the whole issue becomes the province of the credentials committee, which will likely be controlled by Mr. Obama’s delegates. It’s significant that Mrs. Clinton’s camp is now saying that a candidate needs 2,208 delegates to win the nomination — a figure that takes account of Florida and Michigan.
Second, Mrs. Clinton advisors are pointedly noting in private that “pledged delegates” aren’t really pledged. That is, according to the rules, a delegate elected on the Obama slate in any given state can, theoretically, decide to change his mind and vote for Mrs. Clinton, if he gets enough of an enticement. So Mrs. Clinton is likely to try to flip some delegates from one side to the other. If that sounds a little desperate, that’s probably because it is; it’s hard to imagine too many elected delegates abandoning their candidate when he’s winning.
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This is where our evolving notions of fairness really come into play. The party’s superdelegates or its committees would be entirely within their rights to intervene in a way that decides the nomination; no one can seriously argue otherwise. And yet, if they did, then the impenetrable rules to which few people paid attention 25 years ago might become the latest evidence for a lot of Americans that you can’t really can’t expect to play by the rules of big institutions, because the rules are bogus. And this is the real, more lasting danger for Mr. Dean and the Democrats right now—not that they will select the wrong candidate, or that they won’t have a unified party in November, but that if they don’t handle this process carefully and transparently, they might deepen the cynicism of a new generation of voters. Bill Clinton chose to make fairness a central theme of his political life. Perhaps, if this campaign continues on its current trajectory, his wife will ultimately make the same choice.