Primordial laws in the UASR
So, to try to get discussion going again, I thought that I'd post some our draft version of the revised UASR constitution. We'd really appreciate any critical engagement you might have.
Basic Law of the Union of American Socialist Republics
When in the course of human Events, it becomes necessary for the Proletariat to shiver the chains which have held them in bondage to Capital, and to assume at last the equal station to which they are entitled, a decent respect for the opinions of others requires the revolutionary Vanguard to declare what impels them to revolution.
Faced with the ruin of capitalism, and the threat of reaction, We must declare now and forever that "Socialism or Barbarism" is our creed. Thus, We the People of the United States of America, assembled in the Convocation of Soviets of Workers', Soldiers' and People's Deputies, having found the Bourgeois society, with its classes and class antagonism, to be irreconcilably destructive to the freedom and natural dignity of humanity, are compelled to alter it, instituting new society to unite the toiling people in our common purpose to fight the oppressors, to bring an end to man’s inhumanity against man, bring emancipation to Wage-Slavery and end the exploitation of human Labor.
We seek a condition of society in which there should be neither rich nor poor, neither master nor master's man, neither idle nor overworked, neither brain-sick brain workers, nor heart-sick hand workers; in which all men would be living in equality of condition, and would manage their affairs unwastefully, and with the full consciousness that harm to one would mean harm to all—the realization at last of the meaning of the word
Commonwealth.
To ensure that there shall be Freedom, Justice, Democracy and Socialism for all of our posterity, We, the Convocation of Soviets of Workers', Soldiers' and Peoples' Deputies, do hereby establish the Union of American Socialist Republics as a federal socialist republic and a permanent, indivisible Union until the world victory of the proletariat and the establishment of world communism, and do hereby ordain this Basic Law for the Union of American Socialist Republics.
Article I: Organization of Society
Section 1
The Union of American Socialist Republics is a socialist federation of the toiling people.
Section 2
The Soviets of Workers', Soldiers' and People's Deputies, which grew and attained strength as a result of the overthrow of the landlords and capitalists and the achievement of the dictatorship of the proletariat, constitute the political foundation of the UASR.
Section 3
All power belongs to the working people, as represented by the Soviets of Workers', Soldiers' and People's Deputies.
Section 4
The socialist system of economy and the socialist ownership of the means of production constitutes the the economic foundation of the UASR. Bearing in mind as its fundamental problem the abolition of the exploitation of men by men, the entire abolition of the division of the people into classes, the suppression of exploiters, the establishment of a socialist society, and the victory of socialism in all lands, it is resolved:
- For the purpose of attaining the socialization of land, all private property in land is abolished, and the entire land is declared to be common property and is to be apportioned among farmers without compensation of the former owners, to the measure of each one's ability to till it.
- All forests, treasures of the earth, and waters of general public utility, all equipment whether animate or inanimate, model farms and agricultural enterprises, are declared to be common property.
- As a first step toward complete transfer of ownership to the Soviet Republic of all factories, mills, mines, railways, and other means of production and transportation, the soviet law for the control of workmen and the establishment of a supreme economic council is hereby confirmed so as to insure the power of the workers over the exploiters.
- The transfer of all banks to the ownership of the Workers', Soldiers' and Peoples' Government, as one of the conditions of the liberation of the toiling masses from the yoke of capital, is confirmed.
- For the purpose of securing the working class in the possession of complete power, and in order to eliminate all possibility of restoring the power of the exploiters, it is decreed that all workers be armed, and that a Socialist Red Army, Navy and Air Force be organized and the propertied class disarmed.
Article II: The Workers' State
Section 1
The [FONT=Times New Roman, serif]All-Union [/FONT][FONT=Times New Roman, serif]Convocation[/FONT][FONT=Times New Roman, serif] of[/FONT][FONT=Times New Roman, serif]Soviets of Workers', Farmers', Soldiers', Sailors', and People's De[/FONT][FONT=Times New Roman, serif]puties[/FONT][FONT=Times New Roman, serif]i[/FONT]s the supreme instrument of the dictatorship of the proletariat. Supreme executive power derives solely from the mandate of the masses expressed through the Soviets of Workers', Soldiers' and People's Deputies.
Section 2
All cities, towns, municipalities, raions and villages within the UASR shall be governed by a duly elected soviet, and shall be uniformly and proportionally represented according to population in the regional and provincial Convocation of Soviets.
Section 3
The regional and provincial Convocation of Soviets shall elect deputies to the All-Union Convocation of Soviets according to a manner established by law.
Section 4
The All-Union Convocation of Soviets shall be convened by the Central Executive Council at least twice a year. A special Convocation may be called on the Convocation's own volition, or by a call of Soviets representing not less than 1/3 of the population of the UASR. The Central Executive Council and/or the Presidium may call special conventions of the Convocation.
Section 5:
The Convocation of Soviets shall elect a Central Executive Council, consisting of a Congress of Peoples' Deputies, and a Council of the Union. The Central Executive Council shall be entirely responsible to the Convocation of Soviets. In between sessions of the Convocation of Soviets, the Central Executive Council shall exercise the legislative and executive powers of the union.
Section 6
The Convocation of Soviets shall elect a Presidium, to fulfill the role of head of state of the UASR.
Article III: The Central Executive Council
Section 1
All legislative powers herein granted shall be vested in the All-Union Central Executive Council, which shall consist of a Congress of People’s Deputies and the Central Committee of People's Secretaries; and a Council of the Union.
Executive Power herein granted shall be vested in the Central Committee of the Union of American Socialist Republics.
The All-Union Central Executive Council shall serve as the standing legislature of the UASR whenever the Convocation of Soviets is not in session.
Section 2
The Convocation of Soviets shall elect the Congress of People's Deputies from among representatives of the Union Republics in proportion to population, and from additional representatives of the parties to represent the whole of the Union.
The Congress of People’s Deputies shall be elected to a term not exceeding five years from the date of the last election. This requirement shall not be infringed except in time of war, and only with the consent of the Covocation of Soviets. New elections shall be held within sixty days of dissolution of the chamber. The Congress of People’s Deputies shall convene no later than the thirtieth day after the election. The Congress of People’s Deputies shall determine when its sessions shall be adjourned and resumed, but may be called to reconvene if the Speaker calls for convention. He shall be obliged to do so if one third of the members, the Premier or the Presidium of the Union so demand.
The Congress of People’s Deputies shall elect its Speaker and all other officers, and adopt its rules of procedure.
All acts of the Congress of People’s Deputies shall require a simple majority of votes cast unless this Basic Law otherwise provides.
Section 3
The Central Committee shall consist of the People’s Secretaries and be presided over by the Premier People's Secretary, elected from the membership of the Congress of People’s Deputies. The Central Committee shall be a constituent organ of the Congress of People’s Deputies.
The Premier shall be elected by the Congress of People’s Deputies without debate, holding the confidence of a majority of People’s Deputies. The Presidium shall appoint the People’s Deputy so elected. If no person can hold the confidence of the Congress of People’s Deputies, the Presidium shall dissolve the Congress of People’s Deputies.
The People’s Secretaries of the Central Committee shall be elected by the Congress of People’s Deputies upon the proposal of the Premier, and shall be appointed upon election by the President of the Union.
On taking office, the People’s Secretaries shall be take the following oath of office:
I do solemnly swear (or affirm) that I will support and defend the Basic Law of the Union of American Socialist Republics against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties of the office on which I am about to enter.
Command of the Revolutionary Defense Forces shall be vested in the People’s Secretary of Defense.
If a constructive motion of no confidence receives the support of the majority of the Congress of People’s Deputies, then the current Central Committee must resign or be dismissed, and the new Premier appointed.
If at any time the Central Committee loses the confidence of the Congress of People’s Deputies, and no new Premier has been elected on the same ballot, then the Congress shall be dissolved, and new elections held.
Upon any dissolution of the Congress, the Presidium shall be required to convene the Convocation of Soviets.
Section 4
The Congress of People’s Deputies shall have the power to make all laws necessary and proper for carrying out the execution of the following, enumerated jurisdictions:
- Representation of the Union in international relations, conclusion and ratification of treaties with other states;
- Questions of war and peace;
- Control over the observance of the Basic Law of the UASR and ensuring conformity of the Basic Law of the Union Republics with the Basic Law of the UASR;
- Organization of the defense of the UASR and direction of Revolutionary Defense Forces;
- Foreign trade on the basis of state monopoly;
- Safeguarding the security of the state;
- Establishment of the national economic plans of the UASR;
- Approval of the single state budget of the UASR as well as of the taxes and revenues which go to the all-Union, Republican and local budgets;
- Administration of the banks, industrial and agricultural establishments and enterprises and trading enterprises of all-Union importance;
- Administration of transport and communications;
- Direction of the monetary and credit system;
- Organization of state insurance;
- Raising and granting of loans;
- Establishment of the basic principles for the use of land as well as for the use of natural deposits, forests and waters;
- Establishment of the basic principles in the spheres of education and public health;
- Organization of a uniform system of national economic statistics;
- Establishment of the principles of labor legislation;
- Legislation on the judicial system and judicial procedure; criminal and civil codes;
- Laws on citizenship of the Union; laws on the rights of foreigners;
- Issuing of All-Union acts of amnesty;
- The impeachment of the President of the Union and all other public officers for official misconduct, high crimes or treason.
Section 5
The following powers are prohibited to the Congress of People’s Deputies:
- No bill of attainder or ex post facto law shall be made or enforced.
- No tax or duty shall be laid on articles exported from any party to the Union.
- No preference shall be given by any regulation of commerce or revenue to the ports of one Union Republic over those of another.
- No money shall be appropriated from the public trust except by provisions of law. Regular statements and accounts of all receipts and expenditures of all public money shall be published regularly.
- No title of nobility shall be granted by the Union, and no person shall accept any office or title of any kind from any foreign state except upon the consent of the Congress of People’s Deputies.
Section 6
The Council of the Union shall be composed of one representative of the government of each Union Republic; and an equal number of national representatives, elected by the Conovcation of Soviets to six-year terms, in three staggered classes consisting of one-third of the national representatives.
The Council of the Union shall choose their President, and other officer.
The Council of the Union shall have the sole power to try all impeachments. Judgment shall not extend further than removal from office and disqualification to hold another office of honor, trust or profit in the Union. The party convicted shall still be liable and subject to indictment, trial, judgment and punishment according to law.
Section 7
The Council of the Union shall have the following enumerated powers:
- To offer amendments to legislation on the floor of the Congress of People’s Deputies, subject to approval by a simple majority of the Congress of People’s Deputies;
- To delay the passage of any act or executive action by Congress of People’s Deputies for up to three months by a simple majority vote, up to six months by a two thirds vote, and to veto legislation by unanimous consent;
- To conduct official, independent inquiries and provide oversight over the All-Union and provincial governments.
- To oversee All-Union elections and to provide indictments for violation of election law;
- To act as the standing legislature in times when the Congress of People’s Deputies is not in session. All acts of the Council of the Union in such periods are subject to ratification by the Congress of People’s Deputies upon reconvening;
- Confirmation of alterations of boundaries between Union Republics;
- Confirmation of the formation of new territories and regions and also of new Autonomous Republics within Union Republics;
- Admission of new republics into the UASR.
Section 8
Each chamber shall be the judge of the qualifications of its own members, and a majority of each shall constitute a quorum; a smaller number may adjourn from day to day and may be authorized to compel the attendance of absent members.
Each chamber may determine the rules of its proceedings, punish its members for disorderly behavior, and with the concurrence of two-thirds, expel a member.
Each chamber shall keep a journal of its proceedings, and regularly publish the same.
Neither chamber, during the session of the Central Executive Council, shall adjourn for more than three days without the consent of the other.
Section 9
Members of the CEC shall receive compensation for their services, to be ascertained by law but not exceeding the wage of an average skilled worker, to be paid out of the public trust of the Union. They shall in all cases, except treason, felony and breach of the peace, be privileged from arrest during their attendance at the session of their respective chambers, and in going to and returning from the same; and for any speech or debate in either chamber.
Article IV: The Presidium
Section 1
The Presidium of the Convocation of Soviets shall consist of a President, and such deputy presidents and secretaries as shall be determined by law, elected by the Convocation of Soviets. The Presidium shall be accountable to the Convocation of Soviets for all its actions.
The President of the Union may not be a member of the Central Executive Council or an officer of a Union Republic.
The Presidium of the Convocation of Soviets shall oversee the enforcement of the Basic Law of the Union, and the fair enforcement of all laws and decrees enacted by the state.
Section 2
The Presidium shall have the following enumerated powers.
- The promulgation of decrees and laws enacted by either the Convocation of Soviets or the Central Executive Council.
- ThedissolutionoftheCentralExecutiveCouncilandthesettingofnewelections upon the reccomendation of the Premier.
- The appointment and dissmissal of the Central Committee according to the confidence expressed by the Congress of People's Deputies.
- The power to suspend all acts ratified by the Central Executive Committee for a period of up to six months, except upon the concurrence of 2/3rds of both chambers of the CEC. The Presidium may during this period order such acts submitted to the Convocation of Soviets for ratification.
- The establishment of orders and medals in the UASR, and in the awarding of such
- The right of pardon
- Ratification of all treaties, upon the advice and consent of the Central Executive Council.
- Representing the Union in foreign affairs, including the reception of envoys, and in appointing and dismissing all ambassadors and other plenipotentiaries upon the advice and consent of the Central Executive Council.
- The power, with the advice and consent of the Council of the Union, to appoint judges of the All-Union Court system.
Section 3
Members of the Presidium shall hold the privilege of speaking on the floor of any chamber of the Central Executive Council.
Article V: The Judiciary
Section 1
In order to maintain revolutionary legality within the territory of the UASR, the judicial power shall be vested in a system of courts, consisting of an All-Union Supreme Court, the All-Union Constitutional Court, and all inferior courts established by law.
Section 2
The judicial power shall extend to all cases, in law and equity, arising under this Basic Law, the laws of the Union and treaties made; to all cases affecting ambassadors, other public ministers and consuls; to all cases of maritime jurisdiction; to controversies to which the Union shall be a party; to controversies between two or more parties to the Union; between citizens of different parties to the Union, and between a party to the union or citizens thereof, and foreign states and citizens.
Section 3
The All-Union Supreme Court shall have the following enumerated powers;
- (a) To give the Supreme Courts of the member Republics the authentic interpretations on questions of federal legislation;
- (b) To examine, on the request of the Prosecutor of the Supreme Court of the UASR, the decrees, decisions, and verdicts of the Supreme Courts of the member Republics, with the view of discovering any infraction of the federal laws, or harming the interests of other Republics, and if such be discovered to bring them before the CEC of the UASR;
- (c) To render decisions on the request of the CEC of the UASR as to the constitutionality of laws passed by the member Republics;
- (d) To settle legal disputes between the member Republics;
- (e) To examine the accusations brought before it of high officials against whom charges have been made relative to their performance of duties.
- (f) To hold original jurisdiction in all cases affecting ambassadors, public ministers and consuls, and those in which a party to the Union are involved
- (g) To hold appellate jurisdiction in all other cases mentioned, both as to law and fact, with such exception and under such regulations as the Central Executive Council shall make.
Section 4
In all cases concerning the interpretation of the Basic Law, and of the relation of the laws of the Union and those party to the Union, the Constitutional Court shall have original jurisdiction. The Supreme Court shall have appellate jurisdiction over the decisions of law and of fact for all cases before the Constitutional Court.
Excerpt from “The American Constitution”, in The Politics of Socialist Governance, Fourth Edition, a common high school political theory textbook.
The American constitution, as it is recognized today, developed in a highly stochastic manner. Unlike the various bourgeois states of the time, or its revolutionary forbear, the Soviet Union, the American workers' state has no unifying master document to serve at its constitution. Instead, the constitution bears considerable similarity to the uncodified classic British constitution.
A diverse set of primordial laws serve as the bedrock of the American constitution, bound together by a set of conventions. In theory, these primordial laws and conventions are highly mutable. The fundamental principle of American governance
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ollowing the revolution has been the principle of soviet sovereignty: succinctly, that “[/FONT][FONT=Times New Roman, serif]
supreme[/FONT][FONT=Times New Roman, serif]
executive power derives solely from the mandate of the masses” organically expressed via the participatory democratic institutions of soviets, mass assemblies and factory committees. The unification of all of these currents of popular power via the nested council system in theory grants the Convocation of Soviets total sovereignty over the whole of the Union. By a simple majority vote, the Convocation could totally redefine the very principles of American governance.[/FONT]
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Yet, as history has shown, this has seldom happened. While the Convocation has on occasion, especially during times great revolutionary upsurge, exercised this transformative power and completely bypassed the normal systems of legislative and executive power, most times the Convocation assumes a passive role in governance. While its day to day influence over the workings of the Central Executive Council has increased dramatically since the late 70s, Convocation continues to fulfill a primarily deliberative role in American democracy.[/FONT]
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Nevertheless, the Convocation has drafted and ratified the great majority of the primordial laws that define the American constitution, particularly the day-to-day administration of affairs. Chief among these is the Basic Law of the UASR. [/FONT][FONT=Times New Roman, serif]
Ratified by the First Plenary of the Convocation of Soviets in February of 1934, the Basic Law served to normalize the existing Provisional Government as the Central Executive Council of the Convocation of Soviets. In one fell swoop, the Basic Law subordinated all existing organs of state to the Convocation.[/FONT]
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Other primordial laws:[/FONT]
- [FONT=Times New Roman, serif]The Fundamental Principles of the Soviet Congresses (August 4, 1933)[/FONT]
- [FONT=Times New Roman, serif]The Universal Declaration of the Fundamental Rights of Humans, Exploited Peoples and the Citizenry (April 3, 1934)[/FONT]
- [FONT=Times New Roman, serif]The Second Emancipation Proclamation (April 17, 1933)[/FONT]
- [FONT=Times New Roman, serif]The First Nations Compact (July 11, 1935)[/FONT]
- [FONT=Times New Roman, serif]The International Commonwealth Charter (November 2, 1945)[/FONT]
- [FONT=Times New Roman, serif]The Civil Defense Initiative (January 7, 1948)[/FONT]
- [FONT=Times New Roman, serif]The Treaty of Berlin (November 18, 1950)[/FONT]
