Freedom of Association: Rights and Liberties Under the Law
ABC-CLIO, 2004 - 265 σελίδες
Freedom of Association: Rights and Liberties under the Law chronicles the evolution of a right derived from but not granted in the First Amendment--freedom of association. An opening analysis of the Supreme Court's ruling against a gay adult member of the Boy Scouts of America illustrates the range and complexity of this issue.
Historical discussions of colonial America, including the British Parliament's efforts to suppress political associations, set the stage for a careful scrutiny of the political and legislative activities of the 1950s and 1960s when the Supreme Court established freedom of association as a constitutionally protected right. A concluding chapter delves into the contemporary issues of antidiscriminatory and campaign finance laws and explores the ever-present tension between liberty--freedom from the state--and equality--protection by the state.
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No state election law allows a voter to be a member of two parties simultaneously
. Some states require party affiliation to vote in that party's primary , and some
states require no party affiliation to participate . Since party primaries are an ...
white primary cases , the Court held that “ the recognition of the place of the
primary in the electoral scheme makes clear that state delegation to a party of the
power to fix the qualifications of primary elections is delegation of a state function
The district court found that California's interest in “ enhancing the democratic
nature of the election process and the representativeness of elected officials ”
was a compelling state interest . The district court argued that political parties ...
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