Constitutional Question about Primary Elections

[Pragmatic Conservative]

This is a question concerning Freedom of Association

Would it be Constitutional for a Political party to vote to bar certain individuals from running under their party banner? As an example could of the GOP ruled Donald Trump intelligible to seek the nomination and be rewarded delegates in the Republican party?

Secondly would it be Constitutional for a party to bar certain people from registering as a member of their party?

[I’m not Stu]

This is a question concerning Freedom of Association

Would it be Constitutional for a Political party to vote to bar certain individuals from running under their party banner? As an example could of the GOP ruled Donald Trump intelligible to seek the nomination and be rewarded delegates in the Republican party?

Secondly would it be Constitutional for a party to bar certain people from registering as a member of their party?

It is constitutional to bar certain individuals from running for President. The Democratic party stripped Randall Terry of delegates in 2012 and also took measures to prevent Lyndon LaRouche from getting the nomination. In Louisiana the GOP decided not to take measures to prevent David Duke from running as a Republican because it might be unconstitutional.

[True Federalist (진정한 연방 주의자)]

it depends upon the basis for barring them. If it based on race or some other Constitutionally barred method, then Smith v. Allwright means it can't be used. But a party could protect itself from insurgent outsiders by requiring its officials and candidates to have voted in only its primary during the last eight years, or some other means of demonstrating party loyalty. In 2012 the SCGOP refused to allow Stephen Colbert to run in its presidential primary.

[MarkD]

it depends upon the basis for barring them. If it based on race or some other Constitutionally barred method, then Smith v. Allwright means it can't be used. But a party could protect itself from insurgent outsiders by requiring its officials and candidates to have voted in only its primary during the last eight years, or some other means of demonstrating party loyalty. In 2012 the SCGOP refused to allow Stephen Colbert to run in its presidential primary.

I agree. Given the way the Supreme Court has been tinkering with the Equal Protection Clause, the courts will concern themselves with the purpose of a candidate being excluded, not just what is the result of the exclusion.