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Constitutional Law

American University Law Review

2007

First Amendment associational rights

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Tom Delay, Robert Torricelli, And Political Party Maneuvering: Why The First Amendment Associational Rights Of Political Parties Should Be Extended To Include Candidate Replacement , Kevin M. Baker Jan 2007

Tom Delay, Robert Torricelli, And Political Party Maneuvering: Why The First Amendment Associational Rights Of Political Parties Should Be Extended To Include Candidate Replacement , Kevin M. Baker

American University Law Review

This Comment analyzes whether the First Amendment

associational rights of the major political parties should include

candidate replacement and argues that the rights of parties to define

who votes in the primary logically should be extended to include a

right to replace candidates on the ballot after a withdrawal. Based on

the more recent Supreme Court cases finding greater freedom of

association for political parties, this Comment will focus on the 2002

replacement of Robert Torricelli in the New Jersey U.S. Senate

election and the 2006 failure to replace Tom DeLay in the Texas

22nd Congressional District U.S. House of …