Morse v. Republican Party of Va., 517 U.S. 186, 87 (1996)

Page:   Index   Previous  80  81  82  83  84  85  86  87  88  89  90  91  92  93  94  Next

272

MORSE v. REPUBLICAN PARTY OF VA.

Thomas, J., dissenting

private political rights within that state-created framework. Providing an orderly and fair process for the selection of public officers is a classic exclusive state function. As the Constitution itself evidences, the organization of the electoral process has been carried out by States since the founding: "The Times, Places and Manner of holding Elections for Senators and Representatives, shall be prescribed in each State by the Legislature thereof." U. S. Const., Art. I, § 4, cl. 1.

By contrast, convening the members of a political association in order to select the person who can best represent and advance the group's goals is not, and historically never has been, the province of the State—much less its exclusive province. The selection of a party candidate is not the type of function, such as eminent domain, that is "traditionally associated with sovereignty." Jackson v. Metropolitan Edison Co., supra, at 353. Cf. San Francisco Arts & Athletics, Inc. v. United States Olympic Comm., 483 U. S. 522, 545 (1987) (holding that United States Olympic Committee is not a state actor because "[n]either the conduct nor the coordination of amateur sports has been a traditional governmental function"); Blum v. Yaretsky, 457 U. S. 991, 1011-1012 (1982) (holding that nursing home is not a state actor in part because provision of nursing home services is not a traditional and exclusive sovereign function); Edmonson v. Leesville Concrete Co., supra, at 638-641 (O'Connor, J., dissenting) (arguing that exercise of peremptory strikes by litigants in state court is not a government function but a matter of private choice). Though States often limit ballot access to persons who are official party nominees or who meet the requirements for independent candidates, see, e. g., Storer v. Brown, 415 U. S. 724 (1974), no State to my knowledge has ever held a convention in order to designate a political party's nominee for public office. Indeed, it would subvert the very purpose of democracy if the State possessed sole control over the identification of candidates for elective office.

Page:   Index   Previous  80  81  82  83  84  85  86  87  88  89  90  91  92  93  94  Next

Last modified: October 4, 2007