Wednesday, July 25, 2007

The Classic Legal Question: What is Determinative, Substance or Procedure?

Legal scholars have pondered this issue for decades. One’s constitutional due process rights can be denied by procedural injustices. Obviously, those rights can be violated through the denial of substantive due process. By analogy, political campaigns are subject to the same dichotomy. What determines who will win an election? How well a candidate “plays the game?” Or, how much substance a candidate brings to the campaign? It is clear that the Democratic candidate who is consistently setting forth highly substantive proposals is John Edwards. See, Economist.com.
Yet, Edwards remains a somewhat distant 3rd behind Mrs. Clinton and Obama. Why?

John Edwards is caught between two attractive well-funded media stars. Both Obama and Clinton have unlimited campaign funds and they are both highly skilled at the “game” of politics. Mrs. Clinton has one of the best campaign teams ever assembled. The upper management of the Clinton campaign is an experienced and battle-hardened group. The Obama campaign is almost as good. Obama himself is among the most charismatic and brilliant people ever to run for President. Why then, do I continue to believe that Edwards will rise and eventually overtake his rivals? Substance trumps procedure. It always has, and it always will. Those who regularly follow politics have started to take notice that Edwards is the candidate whose ideas are shaping the race. Unlike the base of the Republican Party, which is driven by an animus toward the “the government,” the base of the Democratic Party is driven by a belief that government at all levels can be made to work for the benefit of all citizens. John Edwards is the only candidate who has actually set forth a full program of public policy. As the latest issue of Newsweek has noted, Edwards embodies the spirit of Bobby Kennedy and Lyndon Johnson. See, MSNBC.com. Don’t be surprised when Democratic primary voters start to notice that John Edwards has the best ideas.

Patiently waiting, I remain

Savant