The Legal Status of American Political Parties, I

Joseph R. Starr

American Political Science Review, 1940, vol. 34, issue 3, 439-455

Abstract: The legal status of political parties in the United States is far from being clearly defined. On the one hand, we do not have a mass of legislation and court decisions clearly constituting the political party as a branch of the government, as in the leading fascist countries of Europe; and, on the other hand, we do not have a situation similar to that of Great Britain or France, where political parties are practically unregulated except for laws designed to control subversive groups. To gain a concept of the legal position of American political parties, a great deal of legislation which differs widely in many particulars among the forty-eight states must be surveyed, and certain categories of common and public law must be explored. Even when the many branches of the law that seem to impinge upon the subject have been brought into view, the legal position of our political parties still seems elusive and indefinite. Yet the subject is one of considerable practical importance, since the near future is likely to bring insistent demands for new and more drastic regulation of political parties. A consideration of the rights of American political parties, and the scope of the powers of the legislature to interfere with parties in the public interest, therefore seems appropriate at the present time.

Date: 1940
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