The Rules That Will Govern a Meltdown
As many of you have will have already discovered, Ed Kilgore’s blogging about GOP convention rules has been invaluable. This is a really good discussion of why the contemporary political convention is very poorly suited to actually choosing (rather than coronating) a nominee. Today, he has a good analysis of how difficult it would be for the Republicans to install a white knight in place of Trump or Cruz:
Now, obviously, the shoe is on the other foot, and there is a growing possibility that the two strongest candidates for the GOP nomination, Trump and Ted Cruz, could join their considerable forces to insist on maintenance of Rule 40(b) or something much like it to prevent their common Republican Establishment enemies from exploiting a multi-ballot convention to place someone else at the top of the ticket.
Trump is currently the only candidate who is beyond the eight-state-majority threshold for competing for the nomination under the strict terms of Rule 40(b). But Team Cruz is confident enough that its candidate will also satisfy the rule that he’s the one out there arguing that Rule 40(b) means votes for John Kasich are an entire waste because they won’t be counted in Cleveland. And with both Trump and Cruz repeatedly claiming that the nomination of a dark horse who hasn’t competed during the primaries would be an insult to the GOP rank and file, maintaining Rule 40(b) is the obvious strategy to close off that possibility. A good indicator of the new situation is the evolving position of Virginia party activist and veteran Rules Committee member Morton Blackwell, a loud dissenter against Rule 40(b) before and after the 2012 convention, who now, as a Cruz supporter, is arguing that changing the rule “would be widely and correctly viewed as [an] outrageous power grab.”
But can the Republican Establishment stack the Rules Committee with party insiders determined to overturn Rule 40(b) and keep the party’s options wide open going into Cleveland? Not really. That committee is composed of two members elected by each state delegation. No likely combination of Kasich and Rubio delegates and “false-flag” delegates bound to Trump or Cruz but free to vote against their interests on procedural issues is likely to make up a majority of the Rules Committee, or of the convention. Indeed, most of the anecdotal evidence about “delegate-stealing” in the murky process of naming actual bodies to fill pledged seats at the convention shows Team Cruz, not some anti-Trump/anti-Cruz cabal, gaining ground. If Trump and Cruz stick together on this one point no matter how many insults they are exchanging as rivals, they almost certainly can shut the door on any truly “open” convention and force Republicans who intensely dislike both of them to choose their poison.
In theory, convention rules can be preemptively changed. How this would be accomplished to specifically stop Trump and Cruz from attaining the nomination remains very unclear.