On Tuesday, May 11 at 9 p.m. John Schmitz hosts a discussion of “The 2-Party Hangover” on “Mouthwash,” his podcast on Facebook. John Schmitz invited me and Andrew Horning, who has run for U.S. House and U.S. Senate as a candidate in the Libertarian Party.
Political parties are odd as corporations. The most American of acts is to contract, protected by the original Constitution (Art. I, § 10) before any Rights were enshrined by the Bill of that name.
Only individuals, partnerships and corporations can do this basic thing. Here’s theory:
Don’t like a corporation’s acts? Buy its stock and take it over. If it’s violating the law, get your elected representatives to revoke its charter. Those are tough, but possible, things to do. The 2 “major” political parties are different. First, they are not-for-profit. You can’t buy shares.
Second, their Articles of Incorporation and bylaws are written to keep in power the people who write the Articles of Incorporation and bylaws. Of course, you could start your own corporation, also known as a 3rd party. That would be silly, however.
“[P]olitical scientists have found that the Democrats and Republicans ‘have built themselves virtually impenetrable barriers against challenge by new parties.’” Black, “Developments in the State Regulation of Major and Minor Political Parties,” 82 Cornell LRev 109 (1996).
Two corporations (R & D) write laws by which they R governed. Indiana GOP was incorporated by James Bopp, Jr. Its leaders are safe challenges. In Wilding v. DNC Services Corp., 941 F.3d 1116 (11th Cir 2019), a unanimous panel affirmed Ds’ leadership’s protections.
Political parties are different from other corporations. Our system is based on government by consent of the governed. We need to change corporate law for political parties. Majority vote should apply, even to those who are “R” and “D.” Tuesday’s show will be fun.