Cite as: 517 U. S. 186 (1996)
Thomas, J., dissenting
ard practice is to avoid constructions of a statute that create such difficulties. See Edward J. DeBartolo Corp. v. Florida Gulf Coast Building & Constr. Trades Council, 485 U. S. 568, 575 (1988). "This approach not only reflects the prudential concern that constitutional issues not be needlessly confronted, but also recognizes that Congress, like this Court, is bound by and swears an oath to uphold the Constitution. The courts will therefore not lightly assume that Congress intended to infringe constitutionally protected liberties." Ibid.
Among the constitutional questions raised by this decision are ones relating to freedom of political association. "The First Amendment protects political association as well as political expression." Buckley v. Valeo, 424 U. S. 1, 15 (1976). Political parties, and their supporters, enjoy this constitutional right of political affiliation. Cousins v. Wigoda, 419 U. S. 477, 487 (1975). "[A]t the very heart of the freedom of assembly and association," is "[t]he right of members of a political party to gather in a . . . political convention in order to formulate proposed programs and nominate candidates for political office." Id., at 491 (Rehnquist, J., concurring in result). A convention to nominate a party candidate is perhaps the classic forum for individual expression of political views and for association with like-minded persons for the purpose of advancing those views.
We need not look beyond this case to "hypothetical," ante, at 228, controversies in order to identify substantial First Amendment concerns. As applied today, § 5 burdens the rights of the Party and its members to freedom of political association. The Party has represented in this Court that it decided to charge each delegate a registration fee rather than to fund the convention with contributions from a few major donors in order to avoid undue influence from a small group of contributors. See Brief for Appellees 45-46. Under our precedents, the Party's choice of how to fund its statewide convention seems to be a constitutionally pro-
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