Post by RGirtman on Mar 27, 2020 9:20:00 GMT -6
Put simply, By-laws is a document that outlines how an organization is structured & describes how that organization operates.
A few things to point out is that:
1) Bylaws detail only the INTERNAL goings-on of a group & do not affect anything outside the group;
2) they are required for most incorporated groups--companies & corporations, incorporated non-profits; city government & munincipalities, etc.;
3) They act as thie highest governing document of a group OTHER THAN a Charter or Articles of Incorporation;
4) They are required for most organizations, businesses, churches, most non-profits--the organization does not technically exist until AFTER Bylaws are ADOPTED;
5) Political Parties are the exception to the rule!
6) Because a Party is, from a legal persoective, classified as "unincorporated non-profit", a political party's bylaws are:
* NOT legally enforcable (That's how the DNC gets away changing their rules every time the Democratic leadership doesn't like what Party members want)
* NOT required (The RNC doesn't even have By-laws)
For a Political Party, Bylaws basically act as a "gentleman's agreement" that we choose, amongst ourselves, to agree to follow these rules.
For our purposes, I believe that we DO want to utilize them, kind of like the Constitution, not to say what the Party's member's can & can't do, but to list the things that the Party's leaders can & cannot do. In my mind, at least, it should essentially be the "ennumerated powers" of the Party's leadership.
Thoughts, opinions?
A few things to point out is that:
1) Bylaws detail only the INTERNAL goings-on of a group & do not affect anything outside the group;
2) they are required for most incorporated groups--companies & corporations, incorporated non-profits; city government & munincipalities, etc.;
3) They act as thie highest governing document of a group OTHER THAN a Charter or Articles of Incorporation;
4) They are required for most organizations, businesses, churches, most non-profits--the organization does not technically exist until AFTER Bylaws are ADOPTED;
5) Political Parties are the exception to the rule!
6) Because a Party is, from a legal persoective, classified as "unincorporated non-profit", a political party's bylaws are:
* NOT legally enforcable (That's how the DNC gets away changing their rules every time the Democratic leadership doesn't like what Party members want)
* NOT required (The RNC doesn't even have By-laws)
For a Political Party, Bylaws basically act as a "gentleman's agreement" that we choose, amongst ourselves, to agree to follow these rules.
For our purposes, I believe that we DO want to utilize them, kind of like the Constitution, not to say what the Party's member's can & can't do, but to list the things that the Party's leaders can & cannot do. In my mind, at least, it should essentially be the "ennumerated powers" of the Party's leadership.
Thoughts, opinions?
