Letter: Judge Alito scorns political diversity, misreads Madison
P.O. Box 19082
Washington DC 20036
Dec. 7, 2005
U.S. Senator Arlen Specter
Washington, D.C. 20510
Dear Senator Specter:
Re: Judge Alito hearings
Judge Samuel Alito's decision in Council of Alternative Political Parties v Hooks, 179 F.3d 64 (1999) seems to show that he doesn't believe that electoral activity by minor party and independent candidates is healthy for the United States. He wrote, "The State has a legitimate interest in maintaining a stable and efficient election process. See The Federalist, No. 10 (James Madison) (explaining that splintered parties and unrestrained factionalism may do significant damage to a state's political structure)."
Actually, Madison in Federalist Number 10 said the opposite. Madison deplored factionalism, but he concluded that it could not be stopped without destroying liberty. Therefore, he suggested that factionalism could be handled best if the number of parties, or factions, were greater than two. He said, "Greater security is afforded by a greater variety of parties, against the event of one party being able to outnumber and oppress the rest .... The increased variety of parties comprised within the Union increases this security."
Justice Sandra Day O'Connor wrote in Clingman v Beaver (concurrence issued May 23, 2005), "Although the state has a role to play in regulating elections, it is not a wholly independent or neutral arbiter. Rather, the State is itself controlled by the political party or parties in power, which presumably have an incentive to shape the rules of the electoral game to their own benefit .... As such restrictions become more severe, and particularly where they have discriminatory effects, there is increasing cause for concern that those in power may be using electoral rules to erect barriers to electoral competition." She was right. We would be very grateful if you would ask Judge Alito for his views on minor party and independent candidate ballot access. You could ask if he agrees with Justice O'Connor's comment. Thank you very much.
Sincerely yours,
Richard Winger, COFOE Secretary