Book contents
- Throwing the Party
- Cambridge Studies on Civil Rights and Civil Liberties
- Throwing the Party
- Copyright page
- Contents
- Preface
- Acknowledgments
- Part I Foundations
- Part II Party Primaries
- 4 Setting the Stage
- 5 Primaries and the Party in the Electorate
- 6 Double Standards
- 7 Doubling Down on the Party Organization in Service of the Major Parties
- Part III The Party, the Court, and Campaign Finance Law
- Part IV Passé Equal Protection and a Way Forward
- Index
4 - Setting the Stage
from Part II - Party Primaries
Published online by Cambridge University Press: 16 June 2022
- Throwing the Party
- Cambridge Studies on Civil Rights and Civil Liberties
- Throwing the Party
- Copyright page
- Contents
- Preface
- Acknowledgments
- Part I Foundations
- Part II Party Primaries
- 4 Setting the Stage
- 5 Primaries and the Party in the Electorate
- 6 Double Standards
- 7 Doubling Down on the Party Organization in Service of the Major Parties
- Part III The Party, the Court, and Campaign Finance Law
- Part IV Passé Equal Protection and a Way Forward
- Index
Summary
A primary is simply a method by which a popular vote is used to select a party candidate for a general election. It is one method among many possibilities, but it has become the dominant approach in contemporary American politics. Today, the vast majority of states – with only a few notable exceptions – use some form of partisan primaries to select party nominees.1 And ever since the 1941 Supreme Court decision of United States v. Classic, discussed in Chapter 2, it has been clear that states have the power to regulate party primaries under their broad Art. I, §4 authority to prescribe “The Times, Places and Manner of holding Elections for Senators and Representatives.”2 The Classic Court’s interpretation was quite intuitive: As party primaries become part and parcel of an expanded process of electing Senators and Representatives, the state’s regulatory power over such primaries under Art. I, §4 must naturally follow.3
- Type
- Chapter
- Information
- Throwing the PartyHow the Supreme Court Puts Political Party Organizations Ahead of Voters, pp. 63 - 79Publisher: Cambridge University PressPrint publication year: 2022