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America’s Unwritten Constitution by Akhil Reed Amar

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CHAPTER 10: JOINING THE PARTY

1 For the erroneous claim that the written Constitution omits all mention of and/or is hostile to political parties, see, e.g., Samuel Issacharoff and Richard H. Pildes, “Politics as Markets: Partisan Lockups of the Democratic Process,” Stanford LR 50 (1998): 643, 713–714 (“[T]he constitutional structure was specifically intended to preclude the rise of political parties, which were considered the quintessential form of ‘faction.’ Yet political parties have become the principal organizational form for mass democracy.”); Samuel Issacharoff and Richard H. Pildes, “Election Law as Its Own Field of Study: Not by ‘Election’ Alone,” Loyola of Los Angeles LR 32 (1999): 1173, 1175–1176 (“No constitutional framework for enabling ...

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