The 14th Amendment to the U.S. Constitution prohibits the states from making laws that abridge the privileges or immunities of the United states, and guarantees citizens of the United States equal protection of the laws.
On that basis and other constitutional provisions, voters independent of the two-party system ought to petition the Supreme Court of the United States to issue a writ of mandamus to make all elections and branches of government nonpartisan. A constitutional amendment would be preferable, however, it could not get past the barriers of the two-party system.
Our Constitution established the United States as a unique democratic republic -- a representative democracy -- and it guarantees every state "a republican form of government." But that does not mean elections and government should be owned by the Democratic and Republican political parties.
Indeed, the increasingly rigid two-party system of the Democratic Party and the Republican Party established throughout the United States violates the voting privileges of all voters not within the two-party system and denies them equal protection under state election laws. Thus, the two-party system's absolute control of re-districting and election laws denies increasing numbers of independent voters representation in government.
In a survey done about five years ago, about one-third of voters identify themselves as members of the Democratic Party, one-third of voters identify themselves as members of the Republican Party, and one third of voters identify themselves as independent or small party voters. A PEW survey taken in May 2005 revealed that 30% of voters identified themselves as Republicans, 31% identified themselves as Democrats, and 39% identified themselves as independent voters.
The United States Congress and the legislatures of the several states are controlled by the two-party system, divided by aisles and identified as either Democrat or Republican, with few if any independent or third party elected representatives or senators. The states conduct primary elections for the two-party system to select candidates for general elections. Independent voters are essentially excluded from voting in primary elections and/or selecting candidates for general elections, and in the end, they are left to vote for the lesser of two evils. Yet, tax monies from independent voters are used to conduct the two-party system's primary elections without their consent.
Nothing in the petition should prohibit the existence of political parties or their private selection of candidates to run for public office, as long as public money is not used for private political parties, including primary elections of the two-party system.
In the tradition of our founders and the strictly interpreted intent of the U.S. Constitution, independent voters of the United States should demand that the justices of the Supreme Court uphold, support and defend the Constitution by issuing a writ of mandamus to make all elections and branches of government nonpartisan... or step down from the lofty bench and be replaced by Supreme Court justices who do.
Contrary to what constitutional reconstructionists and revisionists believe, the Constitution is written in stone, plain and simple. Not clay, to be molded by personal politics and ideological power.
Daniel B. Jeffs, founder
July 22, 2005