Hello.
Interest groups have the right to act because there's "freedom of
association."
It's true that the U.S. Constitution does not mention "interest
groups."
However, the U.S. Constitution's First Amendment does guarantee the
right of freedom of speech and the right of the people to peacably
assemble. The U.S. Supreme Court has said that the First Amendment
and other amendments imply a basic right of "freedom of association."
Other people have said that this "freedom of association" is a
"natural right" that existed even before the Constitution was adopted.
In the case of NAACP v. Alabama (1958), the U.S. Supreme Court said:
"Effective advocacy of both public and private points of view,
particularly controversial ones, is undeniably enhanced by group
association, as this Court has more than once recognized by remarking
upon the close nexus between the freedoms of speech and assembly..."
Source: First Amendment Cyber Tribune: Freedom of Association
http://w3.trib.com/FACT/1st.association.html
"Freedom of association" means that people can join together to form
any sort of organization that they want, as long as the purpose of the
organization is not to engage in criminal activity.
In the case of Gibson v. Florida Legislative Investigative Committee
(1963), the U.S. Supreme Court said:
"...we hold simply that groups which themselves are neither engaged in
subversive or other illegal or improper activities nor demonstrated to
have any substantial connections with such activities are to be
protected in their rights of free and private association."
Source: First Amendment Cyber Tribune: Freedom of Association
http://w3.trib.com/FACT/1st.association.html
The result of "freedom of association" is that citizens can get
together to form "interest groups." If citizens want to form an
interest group that promotes a certain cause, they can do that. No one
can stop them. And that interest group can lobby the government, or
campaign for a candidate, or publish a newspaper, or organize a
demonstration, or speak to the media, or advocate a boycott, or engage
in any other lawful actions to promote the values and interests of the
interest group's members. And if other people disagree, they can form
their own interest group to promote exactly the opposite point of
view. That's "freedom of association."
For more information on "freedom of association," visit:
First Amendment Cyber Tribune: Freedom of Association
http://w3.trib.com/FACT/1st.association.html
search strategy: "freedom of association," "interest groups"
I hope this helps. |