The Supreme Court has struggled mightily to determine how political parties should be treated from a constitutional perspective, but it initially took the position that they were private entities beyond the control of the federal government. In the 1921 case of Newberry v. United States, a Senate candidate seeking his party’s nomination had exceeded the amount of primary campaign spending allowed under federal law.1 Art. I, §4 of the Constitution gives the federal government authority to “make or alter such Regulations” with regard to the “Times, Places and Manner of holding Elections” for members of Congress.2 However, when confronted with the question in Newberry of whether such power extends to the regulation of party primaries, the Supreme Court said no.3