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Certainly some aspects of the party system are problematic. However those who would outlaw them should face one simple fact: Any such law would be unconstitutional.

The first amendment to the constitution protects the right to assemble peaceably and to petition for redress of grievance. Notice please that there are no restrictions on that right to peaceful assembly. People may assemble to have a party, to talk, to learn something. Like-minded people can assemble and pick a candidate they agree to support for office. That is the genesis of the party system and it is constitutionally protected.

Even if such a law were constitutional, would it be a good idea? I don't think so. In spite of the problems the party system causes, it also has significant benefits. It allows supporters to work together for candidates for multiple offices. It helps elected representatives organize to pass legislation (hopefully the legislation they promised before the election). It makes fund raising-more efficient.

Yes, I know you are thinking that the fund-raising is bad, but imagine what it would be like without parties, if every candidate had to talk to individual donors. It would be very difficult to enforce the laws governing political contributions. With the party system, at least it is easier for regulators to audit the books of a party than of each and every candidate in the country. And it is to the advantage of the parties to have a reputation for honesty (at least it would be if they tried to have such reputations). If one party were reputedly more honest, voters would be more likely to support that party.

Imagine what our elections would be like without parties. If Joe Racketeer decides to run for office or is appointed to office, there would be no opposing party to learn about his disreputable past, nor would his own party be getting nervous about him and deciding that he isn't what they want. I know, this doesn't happen all the time but it does happen and has kept some bad people out of office.

For example, Lyndon Johnson nominated Abe Fortas to be Chief Justice of the Supreme Court. Without a party system he probably would have been ratified. However the opposing party looked into his past and found that Fortas had accepted bribes. His nomination was rejected. It was only the party system that kept a felon from being Chief Justice.

Can the party system be improved? Certainly. Should parties be illegal? Absolutely not.

Learn more about this author, Hal Lillywhite.
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