Revolution #264, April 1, 2012


The U.S. Constitution and the Constitution for the
New Socialist Republic in North America (Draft Proposal)

Two Constitutions, Two Different Systems,
Two Different Futures for African-American People

In January 2011, for the first time, the opening session of the U.S. Congress included a reading of the U.S. Constitution. Tea Party activists had just helped win a significant number of new Republican congressional seats. And this reading was widely acknowledged as a symbolic gesture to emphasize a new Republican rule requiring that all proposed bills must cite text from the U.S. Constitution permitting them to become law.

For 90 minutes, members of Congress, Republicans and Democrats alike, took turns reading the Constitution. But in consultation with the Congressional Research Service and others, they read an edited version of the country’s founding document.

The version they read covered over the fact that the U.S. Constitution was not only written at the time of slavery, but in order to uphold and defend the practice of owning human beings as private property. This version did not include the sections referring to slaves as “three-fifths of all other Persons,” indentured servants “bound to Service for a Term of Years,” and the fugitive-slave clause that required that slaves that escaped to another state be returned to the owner in the state from which they escaped.

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It is an ugly exposure of America’s foundations that slavery is openly sanctioned in the U.S. Constitution. But part of the “genius” of the U.S. Constitution is that it is a charter that appears to treat everyone the same—while concealing and reinforcing the profound inequalities, disparities, and class divisions at the heart of the capitalist economic, social, and political system. Indeed, since the abolition of slavery, the U.S. Constitution has provided the legal framework for the continuing oppression of Black people.

The National Civil Right Museum in Memphis, Tennessee, provides people with some powerful history of the struggle against this oppression.

Before the Civil War, Memphis, Tennessee, was a major slave market. Auction Square on North Main Street still displays the original plaque which commemorates the two kinds of trade that shaped much of the economy of Memphis at the time—slaves and cotton.

At the National Civil Rights Museum, you can go on a searing and unforgettable journey that deeply and artistically depicts the lives, struggles, resistance, and aspirations for the liberation of Black people in the United States. The museum’s corridors and galleries pull you through hundreds of years of horrific oppression and courageous resistance.

Beginning with the European-controlled slave dungeons on Africa’s western coast in the 17th century, through the savagery of the “middle passage” across the Atlantic, in which millions of African people died, and into the centuries of slavery. Exhibits display the heroic efforts of the Black soldiers who fought for the Union in the U.S. Civil War and the bitter results of emancipation’s betrayal that came not long after that war ended. Then the long nightmare of Jim Crow and legal segregation, the lynch mobs, the rise of the KKK and other racist vigilantes. The museum sweeps a visitor into the upheavals and transformations of the 20th century: the great migrations out of the rural South into the cities of the North and Midwest, the beginnings of the Civil Rights Movement in the ’50s with battles around public education and against the savage lynching of 14-year-old Emmett Till in Mississippi in 1955.

The heart of the museum focuses on the upheavals of the ’50s and ’60s, struggle that began as the Civil Rights Movement and then erupted into the radical and revolutionary movements for Black Liberation.

Many people who walk through this tour leave it emotionally drained, filled with turbulent and intense emotions, with indelible images of centuries of oppression—and heroic resistance—etched in their memory.

A theme of this museum is that the U.S. Constitution, from its origins and at key junctures, provided a basis for greater and expanding numbers of people to be included in its aims of equal civil rights for everyone—won at the cost of great struggle, sacrifice and bloodshed.

But the question must be asked. What lessons should actually be drawn from this legacy of horrific oppression and courageous resistance? Can the liberation of Black and other oppressed people be won through the provisions and in the framework of the U.S. Constitution? Or is a radical—a revolutionary—leap beyond and away from that framework required for the emancipation of all of humanity, including Black people?

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The U.S. Constitution was drafted, debated, and approved by slave owners and exploiters. This is a profound truth about the historical birth of the United States and the character of its founding legal document.

Still many people argue that the U.S. Constitution, despite its origins in a society that practiced slavery, has protected and expanded the political and civil rights of ever broader numbers of people. The Constitution is seen as something that continues to provide the legal foundation and political vision for overcoming existing inequalities and injustices. In particular, the argument goes, Black people in the U.S. have gone from being enslaved to the point where a Black man is president, a development that could only have happened because of the provisions and foundation established by the U.S. Constitution.

This message—that the U.S. Constitution establishes a vision and basis for achieving a society where “everyone is equal”—is profoundly UNTRUE and actually does great harm.

From its writing and adoption in 1787 to today, this Constitution has provided the legal framework and justifications for a society torn by deep inequalities, and the preservation of a whole economic and social setup in which a relatively small number of people rule over an exploitative society, and maintain that dominance. As Bob Avakian has pointed out:

“Over the 200 years that this Constitution has been in force, down to today, despite the formal rights of persons it proclaims, and even though the Constitution has been amended to outlaw slavery where one person actually owns another as property, the U.S. Constitution has always remained a document that upholds and gives legal authority to a system in which the masses of people, or their ability to work, have been used as wealth-creating property for the profit of the few.”

In particular, the subordinate, oppressed—and, for almost a century, enslaved—position of Black people has been sanctioned by this Constitution. And this oppression has been reinforced by laws and court rulings flowing from this Constitution and the social-economic system based on exploitation that it serves.

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In 2010 the Revolutionary Communist Party published the Constitution for the New Socialist Republic in North America (Draft Proposal) (CNSRNA). This visionary document is based on the new synthesis of communism developed over decades by Bob Avakian.

Take a Radical Step into the Future...
This Constitution (Draft Proposal) is written with the future in mind. It is intended to set forth a basic model, and fundamental principles and guidelines, for the nature and functioning of a vastly different society and government than now exists: the New Socialist Republic in North America, a socialist state which would embody, institutionalize and promote radically different relations and values among people; a socialist state whose final and fundamental aim would be to achieve, together with the revolutionary struggle throughout the world, the emancipation of humanity as a whole and the opening of a whole new epoch in human history–communism–with the final abolition of all exploitative and oppressive relations among human beings and the destructive antagonistic conflicts to which these relations give rise.

Buy online at:
revcom.us/socialistconstitution or at amazon (search for: Constitution-Socialist-Republic-America)

OR
Send money orders or checks of $8 plus $2.78 shipping/handling/tax to: RCP Publications, PO Box 3486, Merchandise Mart, Chicago, IL 60654

This Constitution is nothing less than the framework for a whole new society: a new political system in which the will of the people will be expressed... and a new economic system that will actually be geared to meeting people’s material needs, as well as taking care of the environment and contributing to the revolutionary international process of eliminating all exploitation. Even more fundamentally, this is a framework to advance to a communist world—a world in which exploitation and oppression will be things to read about in history books and people will no longer be divided into antagonistic social groups but will instead live and work together as a freely associating community of human beings all over the planet.

The CNSRNA is a draft proposal for an actual Constitution: the framework, the guiding principles and the processes of a radically new government, a radically new form of state power. We ARE building a movement for revolution—a revolution that WILL put this document into practice. These are the rules of a whole new game... a guide for those who will lead the new power for what to do on Day One, and after.

On the question of doing away with national oppression the Preamble to the Constitution for the New Socialist Republic in North America (Draft Proposal) states:

“The New Socialist Republic in North America is a multi-national and multi-lingual state, which is based on the principle of equality between different nationalities and cultures and has as one of its essential objectives fully overcoming national oppression and inequality, which was such a fundamental part of the imperialist USA throughout its history. Only on the basis of these principles and objectives can divisions among humanity by country and nation be finally overcome and surpassed and a world community of freely associating human beings be brought into being. This orientation is also embodied in the various institutions of the state and in the functioning of the government in the New Socialist Republic in North America.”

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This article begins a series that will compare and contrast the U.S. Constitution and the Constitution for the New Socialist Republic in North America (Draft Proposal)—in relation to the enslavement, oppression and emancipation of African-American people. We encourage readers to discuss and study this series; spread and share it among your friends; get it into the classrooms, communities and prisons; and send us your comments.

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