Associational Rights of the Major Political Parties: A Political and Jurisprudential Dead End
DOI:
https://doi.org/10.15763/issn.2374-7781.1995.16.0.351-370Abstract
When Senator Bill Bradley (D-N.J.) announced that he would not run for a fourth term, he said the political system was "broken" and added that Neither political party speaks to people where they live their lives. . . . Both have moved away from my own concept of service and my own idea of what America can be (Levy 1995). Although the source of these strong sentiments may have been surprising, the sentiments themselves cannot have been remarkable to anyone who has lived in the United States for the past couple of decades, which have been a time of collapsing public confidence in political leaders and institutions.References
Aldrich, John H. 1995. Why Parties? The Origin and Transformation of Political Parties in America. Chicago: University of Chicago Press. http://dx.doi.org/10.7208/chicago/9780226012773.001.0001
Beck, Paul Allen, and Frank J. Sorauf. 1992. Party Politics in America, 7th ed. New York: Harper Collins.
Cain, Bruce, John Ferejohn and Morris Fiorina. 1986. The Personal Vote: Constituency Service and Electoral Independence. Cambridge: Harvard University Press.
Christman, Roy, and Barbara Norrander. 1990. A Reflection on Political Party Deregulation Via the Courts: The Case of California. Journal o f Law and Politics 6:723-42.
Committee on Party Renewal. 1980. Strengthening the Political Parties: A National Position Paper of the Committee on Party Renewal. Reprinted in Robert Harmel and Kenneth Janda, eds., Parties and Their Environments. New York: Longman, 1982.
Committee on Political Parties. 1950. Toward a More Responsible Two Party System. Supplement to American Political Science Review 44 (No. 3):Part 2.
Cox, Gary W., and Mathew D. McCubbins. 1993. Legislative Leviathan. Berkeley: University of California Press.
Dionne, E.J., Jr. 1991. Why Americans Hate Politics. New York: Simon and Schuster.
Downs, Anthony. 1957. An Economic Theory of Democracy. New York: Harper and Row.
Epperson, John W. 1986. The Changing Legal Status of Political Parties in the United States. New York: Garland.
Epstein, Leon D. 1986. Political Parties in the American Mold. Madison: University of Wisconsin Press.
Fiorina, Morris P. 1980. The Decline of Collective Responsibility in American Politics. Daedalus 109 (Summer):25-45.
Fiorina, Morris P. 1981. Retrospective Voting in American National Elections. New Haven: Yale University Press.
Friedman, Leonard. 1956. Reflections Upon the Law of Political Parties. California Law Review 44:65-71. http://dx.doi.org/10.2307/3478310
Geyh, Charles G. 1983. 'It's My Party and I'll Cry If I Want To': State Intrusions upon the Associational Freedoms of Political Parties—Democratic Party of the United States v. Wisconsin ex rel. La Follette. Wisconsin Law Review 1983:211-40.
Gottlieb, Stephen E. 1985. The Courts and Party Reform. Paper presented to the annual meetings of the American Political Science Association.
Gottlieb, Stephen E. 1991. Election Reform and Democratic Objectives—Match or Mismatch? Yale Law and Social Policy Review 9:205-35.
Harmel, Robert, and Kenneth Janda. 1982. Parties and Their Environments. New York: Longman.
Kester, John G. 1974. Constitutional Restrictions on Political Parties. Virginia Law Review 60:735-84. http://dx.doi.org/10.2307/1072214
Kiewiet, D. Roderick, and Mathew D. McCubbins. 1991. The Logic of Delegation. Chicago: University of Chicago Press.
Lawson, Kay. 1985. Challenging Regulation of Political Parties: The California Case. Journal of Law and Politics 2:263-85.
Lawson, Kay. 1987. How State Laws Undermine Parties. In James Reichley, ed., Elections American Style. Washington, D.C.: The Brookings Institution.
Levy, Clifford J. 1995. Bradley Says He Won't Seek 4th Term. The New York Times (August 17): Al.
Lowenstein, Daniel Hays. 1993. Associational Rights of Major Political Parties: A Skeptical Inquiry. Texas Law Review 71:1741-92.
Lowenstein, Daniel Hays. 1995. Election Law: Cases and Materials. Durham, N.C.: Carolina Academic Press.
Maisel, L. Sandy, ed. 1990. The Parties Respond: Changes in the American Party System. Boulder: Westview Press.
Mayhew, David R. 1974. Congress: The Electoral Connection. New Haven: Yale University Press.
Meiklejohn, Alexander. 1948. Free Speech and Its Relation to Self-Government. New York: Harper.
Mileur, Jerome M. 1992. Legislating Responsibility: American Political Parties and the Law. In John Kenneth White and Jerome M. Mileur, eds., Challenges to Party Government. Carbondale: Southern Illinois University Press.
Pomper, Gerald. 1977. The Decline of the Party in American Elections. Political Science Quarterly 92:21-41. http://dx.doi.org/10.2307/2148547
Pomper, Gerald M. 1992. Passions and Interests: Political Party Concepts o f American Democracy. Lawrence: University of Kansas Press.
Ranney, Austin. 1954. The Doctrine o f Responsible Party Government. Urbana: University of Illinois Press.
Reichley, A. James, ed. 1987. Elections American Style. Washington, D.C.: The Brookings Institution.
Rohde, David W. 1991. Parties and Leaders in the Postreform House. Chicago: University of Chicago Press. http://dx.doi.org/10.7208/chicago/9780226724058.001.0001
Rotunda, Ronald D. 1975. Constitutional and Statutory Restrictions on Political Parties in the Wake of Cousins v. Wigoda. Texas Law Review 53:935-63.
Sabato, Larry J. 1988. The Party's Just Begun: Shaping Political Parties for America's Future. Glenview, 111.: Scott, Foresman/Little, Brown.
Scarrow, Howard A. 1967. The Function of Political Parties: A Critique of the Literature and the Approach. Journal o f Politics 29:770-90. http://dx.doi.org/10.2307/2128762
Schlesinger, Joseph A. 1991. Political Parties and the Winning o f Office. Ann Arbor: University of Michigan Press.
Sinclair, Barbara. 1990. The Congressional Party: Evolving Organizational, Agenda-Setting, and Policy Roles. In L. Sandy Maisei, ed., The Parties Respond: Changes in the American Party System. Boulder: Westview Press.
Tribe, LaurenceH. 1988. American Constitutional Law. 2d ed.; Mineola, N.Y.: Foundation Press.
White, John Kenneth, and Jerome M. Mileur. 1992. Challenges to Party Government. Carbondale: Southern Illinois University Press.
CASES
Duke v. Cleland (Duke I), 954 F.2d 360 (11th Cir. 1992).
Duke v. Cleland (Duke II), 5 F.3d 1399 (11th Cir. 1993).
Duke v. Smith, 13 F.3d 388 (11th Cir. 1994).
Eu v. San Francisco County Democratic Central Committee, 489 U.S. 214 (1989).
Fahey v. Darigan, 405 F.Supp. 1386 (D.R.I. 1975).
Geary v. Renne, 911 F.2d 280 (9th Cir. 1990).
Kusper v. Pontikes, 414 U.S. 51 (1973).
Renne v. Geary, 501 U.S. 312 (1991).
Roberts v. United States Jaycees, 468 U.S. 609 (1984).
Rosario v. Rockefeller, 410 U.S. 752 (1973).
Smith v. Allwright, 321 U.S. 649 (1944).
Tashjian v. Republican Party of Connecticut, 479 U.S. 208 (1986
Downloads
Published
Issue
Section
License
Authors who publish with American Review of Politics agree to the following terms:
The Author retains copyright in the Work, where the term “Work” shall include all digital objects that may result in subsequent electronic publication or distribution.
Upon acceptance of the Work, the author shall grant to the Publisher the right of first publication of the Work.
The Author shall grant to the Publisher and its agents the nonexclusive perpetual right and license to publish, archive, and make accessible the Work in whole or in part in all forms of media now or hereafter known under a Creative Commons Attribution-NonCommercial-ShareAlike 4.0 License or its equivalent, which, for the avoidance of doubt, allows others to copy, distribute, and transmit the Work under the following conditions:
Attribution: other users must attribute the Work in the manner specified by the author as indicated on the journal Web site;
Non-Commercial: the materials may not be used for commercial purposes;
Share Alike: If you remix, transform, or build upon the material, you must distribute your contributions under the same license as the original.
with the understanding that the above condition can be waived with permission from the Author and that where the Work or any of its elements is in the public domain under applicable law, that status is in no way affected by the license.
The Author is able to enter into separate, additional contractual arrangements for the nonexclusive distribution of the journal's published version of the Work (e.g., post it to an institutional repository or publish it in a book), as long as there is provided in the document an acknowledgement of its initial publication in this journal.
Authors are permitted and encouraged to post online a pre-publication manuscript (but not the Publisher’s final formatted PDF version of the Work) in institutional repositories or on their Websites prior to and during the submission process, as it can lead to productive exchanges, as well as earlier and greater citation of published work (see The Effect of Open Access). Any such posting made before acceptance and publication of the Work shall be updated upon publication to include a reference to the Publisher-assigned DOI (Digital Object Identifier) and a link to the online abstract for the final published Work in the Journal.
Upon Publisher’s request, the Author agrees to furnish promptly to Publisher, at the Author’s own expense, written evidence of the permissions, licenses, and consents for use of third-party material included within the Work, except as determined by Publisher to be covered by the principles of Fair Use.
The Author represents and warrants that:
the Work is the Author’s original work;
the Author has not transferred, and will not transfer, exclusive rights in the Work to any third party;
the Work is not pending review or under consideration by another publisher;
the Work has not previously been published;
the Work contains no misrepresentation or infringement of the Work or property of other authors or third parties; and
the Work contains no libel, invasion of privacy, or other unlawful matter.
The Author agrees to indemnify and hold Publisher harmless from Author’s breach of the representations and warranties contained in Paragraph 6 above, as well as any claim or proceeding relating to Publisher’s use and publication of any content contained in the Work, including third-party content.
