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Politics : View from the Center and Left

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To: Fred Gohlke who wrote (10452)	2/1/2006 12:06:28 PM
From: TimF	Read Replies (1) of 541559

I stress the point because I fear most Americans are unaware that there is no Constitutional foundation for our political parties. No constitutional foundation is required for their existence or operation. Only the lack of any prohibition of them. The government has no constitutional authority to ban them, both in that it is given no power to do so by any element in the constitution, and also in that the 1st amendment, while not directly and explicitly endorsing, supporting, or creating parties, recognizes a right to freedom of speech and assembly. Beyond the existence of parties there are also laws favoring them. No constitutional amendment would be needed to remove these laws, but the laws are not (at least many of them are probably not) unconstitutional, so they wouldn't reasonably be struck down by courts. You would have to repeal them one by one. Also there are practices and rules in congress that recognize or even support congress. You wouldn't even need a law as such to get rid of these practices but you would need congress to vote to get rid of the rules which would be difficult. I don't see any good argument for the idea that most of these rules are unconstitutional.

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