California Democratic Party v. Jones, 530 U.S. 567, 24 (2000)

Page:   Index   Previous  17  18  19  20  21  22  23  24  25  26  27  28  29  30  31  Next

590

CALIFORNIA DEMOCRATIC PARTY v. JONES

Stevens, J., dissenting

When the State seeks to regulate a political party's nomination process as a means to shape and control political doctrine and the scope of political choice, the First Amendment gives substantial protection to the party from the manipulation. In a free society the State is directed by political doctrine, not the other way around. With these observations, I join the opinion of the Court.

Justice Stevens, with whom Justice Ginsburg joins as to Part I, dissenting.

Today the Court construes the First Amendment as a limitation on a State's power to broaden voter participation in elections conducted by the State. The Court's holding is novel and, in my judgment, plainly wrong. I am convinced that California's adoption of a blanket primary pursuant to Proposition 198 does not violate the First Amendment, and that its use in primary elections for state offices is therefore valid. The application of Proposition 198 to elections for United States Senators and Representatives, however, raises a more difficult question under the Elections Clause of the United States Constitution, Art. I, § 4, cl. 1. I shall first explain my disagreement with the Court's resolution of the First Amendment issue and then comment on the Elections Clause issue.

I

A State's power to determine how its officials are to be elected is a quintessential attribute of sovereignty. This case is about the State of California's power to decide who may vote in an election conducted, and paid for, by the State.1 The United States Constitution imposes constraints

1 See Tashjian v. Republican Party of Conn., 479 U. S. 208, 217 (1986) (observing that the United States Constitution grants States a broad power to prescribe the manner of elections for certain federal offices, which power is matched by state control over the election process for state offices). In California, the Secretary of State administers the pro-

Page:   Index   Previous  17  18  19  20  21  22  23  24  25  26  27  28  29  30  31  Next

Last modified: October 4, 2007