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The Parties in Court - American Political Parties under the Constitution (Paperback)
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The Parties in Court - American Political Parties under the Constitution (Paperback)
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American political parties have long existed in a gray area of
constitutional law because of their uncertain status. Parties in
this country are neither fully public nor fully private entities.
This constitutional ambiguity has meant that political parties are
considered private organizations for some purposes and public ones
for others. This "public-private entity" problem has arisen in many
different legal contexts over the years. However, given their
case-by-case method of judicial review, courts have typically dealt
with only very discrete parts of this larger problem. This work is
an endeavor to describe and analyze the constitutional status of
political parties in this country by synthesizing the best judicial
and scholarly thinking on the subject. In the final chapter, I draw
on these ideas to propose my own scheme for how political parties
might be best accommodated in a democracy.
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