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Alan Dershowitz: America Not a 'Pure Democracy'

Newsmax TV's "Newsmax Prime"

By    |   Tuesday, 12 Apr 2016 05:02 PM

It's not surprising Republicans in Colorado let the state's party insiders and activists award delegates instead of holding a popular vote in the race for the GOP presidential nomination, renowned civil-rights lawyer Alan Dershowitz tells Newsmax TV.

That's because the nation has never been a "pure democracy," says Dershowitz, a Harvard Law professor emeritus, adding that the notion of one man-one vote was never accepted by the framers of the U.S. Constitution.

"Remember, the framers of our Constitution didn't leave the election in the hands of the people. It left it in the hands of wise electors to avoid democracy and the excess of democracy," Dershowitz said Tuesday to J.D. Hayworth on "Newsmax Prime."

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"Why should there be any complains about superdelegates, who are essentially wise old members of the party who will bring some sanity to a democratic process? We don't have a pure democracy. We never have."

Dershowitz's comments come in the wake of GOP presidential front-runner Donald Trump's complaint that the election system "is rigged" following Colorado's delegate selection procedures that allowed his second-place rival Ted Cruz to collect 34 delegates without voters casting ballots.

Trump told Fox News' "Fox & Friends": "The system is rigged, I see it now, 100 percent. And by the way, not just on our side. I think it's worse on the Republican side, when you can have Colorado where the people don't get a chance to vote, and the people out in Colorado are going nuts."

In the weekend state convention in Colorado, delegates backing Cruz won all of the slots for participation at the national convention in Cleveland, with the final 13 being selected at the end of a day-long convention Saturday in Colorado Springs, giving Cruz the 34 delegates.

Dershowitz said what happened in Colorado is all part of the system.

"[The United States is] a republic and a republic has elements of democratic notions in it and also elements of elitism," he said.

"It's not surprising that both parties have some elements of party leaders, smoke-filled rooms, what's best for the party, will decide, top-down rather than bottom-up. It's a compromise."

But Richard Viguerie, the chairman of ConservativeHQ.com who appeared on "Newsmax Prime" with Dershowitz, believes Trump's complaint is legitimate, but he should have been aware of the GOP's rule change.

"Yes, the system is rigged. [Republican National Committee Chair] Reince Priebus and [2012 GOP presidential nominee] Mitt Romney changed the rules at the 2012 convention in Tampa, Florida to make sure in their opinion that the establishment candidate would prevail in 2016," Viguerie said.

"In that sense, it's a very real rigging of the rules, but the rules are there. Trump likes to brag regularly about how he can solve this problem and that problem by hiring smart people. He surrounds himself with smart people. Where are the smart people who studied the rules?

"The rules have been out there for four years now. Ted Cruz knows those rules and other Republican candidates [do], but somehow I know that Donald Trump was too busy tweeting in the middle of the night to study the rules. He's got nobody to blame but his incompetent staff."

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It's not surprising Republicans in Colorado let the state's party insiders and activists award delegates instead of holding a popular vote in the race for the GOP presidential nomination, renowned civil-rights lawyer Alan Dershowitz tells Newsmax TV.
alan dershowitz, america, not, pure, democracy
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2016-02-12
Tuesday, 12 Apr 2016 05:02 PM
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