Constitutional Limitations on Primary Election Legislation

Authors

Floyd R. Mechem, The University of Chicago

Abstract

In determining what aspect of the general question I should discuss in the brief time available, it seemed to me desirable that I should confine my attention to the constitutional aspect of the matter, leaving the discussion of the practical workings of the various laws actually enacted to those who have had more opportunity to observe them. The constitutional side of the matter has already been very ably discussed by Professor Tuttle in MICHIGAN LAW REVIEW and I do not hope to add materially to what is there said, though certain of the questions may be approached in a somewhat different way. In dealing with this constitutional aspect it is necessary to observe at the outset, that with very few exceptions, our constitutions are entirely silent upon the question of conventions, caucuses, and nominations. The whole question is so new that most of the existing constitutions, like that of Michigan, which went into effect in 1851, were enacted before the present interest in the matter had arisen. Under these circumstances, then, in most States, if any constitutional limitations exist they must be deduced from provisions of the constitution directed more immediately to other matters.

Recommended Citation

Floyd R. Mechem, Constitutional Limitations on Primary Election Legislation, 3 Mich. L. Rev. 364 (1905).
Available at: https://repository.law.umich.edu/mlr/vol3/iss5/4