Do we want what they have
Media
Part of Philippine Armed Forces Journal
- Title
- Do we want what they have
- Language
- English
- Source
- Philippine Armed Forces Journal Volume 6 (No. 6) November 1953
- Year
- 1953
- Rights
-
- Fulltext
- lie meeting in Madison Square • IH. we think about it together. S OME months ago I sat in a pub. I nropose briefly to do that with you ~:r~e\~eni~g N;v.~e!':rk~hl' o;,:~~~~ Our diffic~lty in unde~standing what Jrnt of the United States ridiculed, the ~he Com~un1st and Sov1et leaders hs~y Congress damned, our courts, and the IS that t ey _use our_ ":ords wit~ t eu Constitution of the United States con- me~n.lng .. It IS th_e dtfflculty ~hu~h ~ur demned. 1 was an observer at 8 meet- offlCLa\s 1n Washmgto~ face m deahng ing held for the pU;·pose of raising mo. with them._ We m~st f1rst _tran~late ou~ ney to aid in the defense oi Commuist l"nguage mto thetr mea.mng m. orde1 ~~t~:~s ~~~~r~~s tl:~~d 1 ~~f~"~~~edr:~ld :~e!~e~~·~te~ ~~m~~~rn':::~:.~\ahne~~-nfd;: clench~-fist salute of the Communi::.t. logies, and even their prom1ses, while they cheered the head of the \'isi~ Let me il!ustrate. They speak of reble Communist Partp in this counh•y, presentative government and we think approved his attacks on our system of of our system where, by open elections, government, and pledged in effect to we choose between the candidates of continue the fight, in this country until different parties, representing different our institutions werl' remodeled to ae- basic: views or governmental policies. cord with those of the Soviets. We choose between men and plans. The I asked myself then, as 1 ask you now, ~iodv~:!s e~~~to~~eh~sar~;~ya~~ea;~o~~sc:~= do we want what the Communist coun- 1~ that which the party submits. Tha1 tries ha-,e? is their idea of representative government. This country has come tardily, too tardily, to a realization that we face a menace from Communism-not in Moscow, or Budapest, 01· Praha, but we cannot meet this challenge successfully by muely being against Communism and lamning Communists. We should examine their system of government, look at its parts, and deeide whether or not we want any or all of it in America, healing in mind that we are one of the few great pedllles in the world who yl't ht.VP the power to make that decision. Contrast Between American ''Dcmocfacl{" and "So-rtiet Democrary". They speak of democracy, and we think of our own. We fail to recognbe thC' fundamental difference. With us, df'mocracy represents a government where the reservoir of political power rests in the 150 million folk "ho make ur ou1· citizenship, where we measure 13 14 PHIL/&INE :RM:D FORCES JOURNAl~ . out, guard.edly, the powe~ that our of- Search their consti~tions. You will ficials • are permitted to xercise, and not find there any snch providing for whe1·e officials are serva Jl, not mas- the writ of habeas cct.·pus, the right of ters. The Soviet uses our word ''de- trial by jury, the right of appeal. Nelmocracy". but as meaning a government ther will you find provisions against exwhere the reservoir of political power post facto Jaws, bills of attainder or aesh In the closely-knit 2 or 3 per cent other similar provisions. Those guaof th'e people, exercise only those pri- rantees and many othera are in our '\'ileges that the Communi'i,i; Party per- constitutions for a reason. They are mits them to exercise from time to time, there to protect the people, individual and where officials are mssters not ser. persons from the arbitrary power of of. vants. {Jcials of gove1·nment; they serve that They have courts. When they refer to them we think of our own judicial system with all their independent powerr., subject to constitutional limitations and grants of power. We do not recog. ni:~:e the fact that the courts of the Soviet system are but subordinate administrative agencies of the Communist Party. The Communist speaks of the consti. tution of the Union of Soviet Socialist Republic and we think that they have what we have. Our constitutions speal: t~c mandate of the people; theirs, the mandate of the Communist Party, Our ccnstitutions were adopted by action of the people taken for that direct pur. rose. Their constitutions were promulgated by Communist Party bodies and never were submitted, and it is not in. lt'llded that they ever shall be submitted, to the people of the Soviet countrie~ for their adoption o1· rejection. Our constitutions cannot be changed ex. cept by action of the people token for that purpose. The Soviet constitution c:tn be and has been repeatedly changed by action of the creating body. Those changes have not been, and it is not iutended that they shall be, submitted to the people of the communist nations for their approval or rejection. Do we want their kind of a constitution. Soviet Co11stitution Contail1.8 No Protection Agail1.8t Government Our constiutions are either grants or limitations o! power to officials ot gov. ernment. Let us make some compad. sons there. purpose in America. The people, indi. vidually and collectively, under the Soviet system do not have such safe. guards. Do o;...e want to surrender that which we have? During these last years we have again, had cause to examine into our Bill of Rights. If you have not lately read the first ten amendments to the Federal Constitution, then I suggest that some evening soon you do so-st!riously, thoughtfully. You will find rio words in the Soviet constitution comparable to the first five words of the First Amendment - "Congress shall make no law". There is no such denial of power in the Soviet constitution. Dv we wish to surrender that prohibiti\ln un the power of govemment! The fil'st of the ten amendments is, in full: "Congt·ess shall make no law resp~cting an establishment Of religio1,, or prohibiting the free exercise there. of; ot· abridging the ·rreedom of speech, or of the press; or the right of thtl {IE'OJIIC peaceablr to assemble, and to petition thE" Governn1ent for a •. redress of grie\'ances." Some of us call the guarantees of our Constitution inherent rights; some call them individual rights; some call them civil rights; some call them the Godgiven rights of men that governments must respect and must not invade. But the Communists tell us that the)· have similar rights provided for in their constitution. Their provisions are; Article 124: In order to elllun'! to cititens freedom of eonsclence, the r' I DO WE WANT lVHA~ THEY HAVE? Hi church rn the USSR 1S separated from llties and oth / material requisites for the state, and the school from the the excercise f£ these rights. • ~~~r~l~~~ed~~e:~o::t~~~~~~~~u;r~~;;~~ I shall n~~ he~·e comment upon the dr. is recognized for all citizens. ~~~~~r~~~ein ~:a~~·~' of a~dr t~~o~~~~:~ Article 12fi: In conformity with the vhrase "is recognized''. Neither shall I interests of the wor~ing people, and in rlwell upon the "by law" provisicms of order to strengthen the ~ocialist system, the Soviet constitution, save to point the citizens 'of the USSR are guaranteed out that by ~ur meaning that provision by law: i's ino}Jerative unless affirmative legis<al Freedom •of speech; <bl Freedom of the press; <cJ Freedom of assembly, including the holding of mass meetings; {dl Freedom of street p1tlcessions and demonstration These civil rights are ensured by pla. cing at the disposal of the working people and their organizations printing presses, stocks of paper, public buildings, the stre~ts, communications fL.cilation is enacted, Theo111 Of Rights I 1·efer now to The Law of the Soviet State by VishinsKy, presently Foreign Minister of Russia, formerly Commissar of Justice, and a recognized authority and lecturer on Soviet law. Vf':;hinsky states that the source of civil 1 ights in that land is in the government "rather than in any myth as to man'~ natura! and inherent ri.R"hts". So we THE GRIP ON THE RUSSIAN PEOPLE 16 PIIIL PPJNE ARMED FORCES JOURNAL \ l ' stat·t with a basic dif renee in thr ~·ou to recall what has hapnened to resource •of civil rights. I , as thl!y con- lig'ious organizations, priests, ministers, tend, that source is in th}jr social or- folk of faith in the Cl1.mtries behind the ganizath..n. that it gi~·es the rights, Iron Curtain. Do we want what they •hfn of neecssit~·. the scme power c11n have? take them away. Do we want to nc- We are told that Article 125 guaran. C(.pt that philosophy? tees the rights the;re set out. What o'lo Visl.tinsky says that lying at the foun- they mean in the language of the Sodation of all the legislation of the So- viet? • viet state on the matter Or religion is Visllinsky says: "Having ~river th•• the_ pl·oposition of .h~ving a •:negat.ive toilers freedoro of speech, assemblies, att1tude toward ~e~1g10n, car.ryl~'g htgh street parades, press, am! so on, the Sathe ba.n~~r of m1htant athe1sm ; t~cy vitt government explicitly excluded thf' have 1mt1ated from the very earhest nonlabor dasses from enjoyment of this ciays a planned and decisive struggle freedom" Who are the nonlabor class.. with reli~ion; they asp~r~ "to Iibera~ ec; to wh~m this freedom is excluded,t~e .~onscJence from rehg10us superst!. o.r.d what a contradiction of terms. He ~Jon · answers: "One of the first and mo!>t Following these aims, and apparent. 1)1 as an intermediate of "militant athe.. ism" among Commanist peoples, all pro. r;erty of churches and religious societies was confiscated and declared to be public property; they are required to register with the civil authoritie5; in 11 "special manner"; their right to administrative organizations and "Religious organizations are forbidden to create funds for mutual assistance, coopera1ives. or production units, to organize other than religious assemblies, groups, ~Xcursions, libraries, reading rooms or the like, anything, that is to say, not immediately related to the basic func. tions of religious organizations." He summarizes the. result of their governm~:ntal policy to date in this language: ·•The etruggle with religion is.. carrted on, not by administrative repressions, by the socialist refashioning of the entire national economy which eradicates religion, by socialist re-educa. tion of the toiling masses by anti-reli. gious propaganda, by imPlanting scien. tific knowledge, and by expanding edu. 'Cation. The mass exodus of USSR toil. tr~ away from religioli is directly due f.o these measures taken in their entirety. Do lYe Want Militant Atht:isl/1 Do we in America want our Institutions of government to be refashioned so as to eradicate religion and so as to establish militant atheistn at the baric l!OVernmental pdlicy? I need but ask important measures of the Soviet government in assuring actual freedom of the press in behalf of the toilers wnc; the closing.. of numerous 01·~ans of the countet·-revolutionary, press." In &hort freedom of the press is denied to those who would oppose the policies of the gt.\·ernment. Vb:hinsky refers to "our paJ,ers" and the law standing guard for the Soviet p·ess by providing "for political-ideological control" of the press "to prohibit the issuance, publication, and circfilation of productions ... containing agitation and propaganda against Sovi~ot cuthority and prol.etarian dictatorship". To violate Soviet legislation concerning the press carries criminal penalties. Vishin.~;ky says: "In our state, natura\. ly, there is and can' be no place for freedom of speech, press, and so on for the foes of socialism. Every sort of attempt on their part is utilized, to the state. . . these freedoms granted io the toilers must be classified as a taunter. 1evolutionary crime,., Freedom of speech, of the press, of assembly, of mP.dings, of street parades, and of demonstrations are the property of all the citizens in the USSR, fully gua!'anteed by the state upon the single con. clition that they be utilized in accord with the interests of the toilers and t() the end of stl·engthening the sociali:;t :;ocial order." Vishinsky says. "The Soviet slate. . does not include fJ'('edom of fJOiitical parties in the enumeration c·f these freedoms granted ... '', and that " . .. Olll~· o"le party can exiit-the Com. I DO II'E lf'ANT lVHAT THEY H1VE? 17 munist Party ... " • ciplinr on th} working class, The SoDo IVt U/urt f'reedcmr 1'v ;:~~~~~ut~t;,i~~iv~~~ar~:.!~h;O\~~~!ren~~ Su,ppart Only P•Jrty In Power ai action, but rather are used to enforce Do \1 c want their sort of freedom of ndrninistrativc govcmmental decisions. the press, of assembly, of speech, of po- One of their early writers said in ef!ilical pa1 ties, In our America-a free- f~oct that a dub is a primitive weapon, dom to be excerised only to support and &. rifle o.n effective one, but the most not to oppose the policies o! the party t-fficient mtthod for a government to in power? To oppose communism by contra! a people is a court that officials speech or by press in the Iron Curtail1 of gow•rnml'nt control. Such consliluC(>untries is a .crime. Do we want that tiona! rights as are recognized in those to be the law of the United States? countries are effective only insofar as Do we want what they have? lht Communist Party and its controlled But of what avail is it to have gua- agencies, including the courts, permit rar.teed rights of any ktnd in conSti- I need do no more here than eall your tutions unless there is an agency of attention to the Jlrocedures, powers, and government that has the powet· to make decisions of the so-called courts of tohe those rights effective as against the ,.,c-. communist count! ies which they have !.ions of the government, "These things permitted to be told to us. Contrast you undertake to do you cannot do be,. their system with ours. cause the people have denied o1· not f)" H'e ll'aJtt Whnt Thcv Hn vf' ? granted you ~he power that you seek t.o Time does not permit a detailed disl'xercise." Constitutional guarantees cussion. I l"Uggcst that you seriously are <>Upreme, and C'ffectively so through wdgh the rights that men and wom~n the agencies of the courts. If any of- in industry, in the professions, in the fi.cial of government undertakes to in~ social agencies, in business, in any vovade your 1·ights guaranteed by the cation, have in America. Then study Ccnstitution, it is not necessary that and weigh comparable privileges-not you go to your state capital and seek rights in the Communist countries. Fi- " QUt some official and implore him to !tally, after you have summed up--ask protect your rights; you need not go yourself, do you, individually, want to Washington and there seek someone what they have in Russia and the Comwho will undertake to intervene for munist countries in lieu of what you you. In America tht! individual has the n(lw have and can achieve for yourself, right, and I emphasize "right" as in America. Do you want what they :l.~ainst "privilege"-the individual has have? the right to go 00 the court located in I can sum up the whole matter in his county and there challenge the po~ these ~;hort sentences. Our constituwer of the Government and secure a tiona! system, our laws, our courts, are judicial determination of whether or not designed to protect the individual perhis rights are invaded. If it is found son and people as a whole from the un~~=t c~~'~ts:i~:!~n~~/i::!:r a~ ~~'lvyadt~d~ ~~~~~~~~t psoy:::m o~s g~::~;~~n~0 ~~~ strong urn of the Government itself. teet those in control of the governmE"n~ That power of the judiciary is the pe- from the power of the people. Therein culiar genius of our institutions that lies the difference between liberty and :nakes constitutional rights effective. the lack of it in an organized society. Rut the Soviet says "',Ve have courts", May I suggest that you study our sysand they do--but without the all.impor- h.m and theirs, and that as you do so, tRnt power of th~ courts of Americ& to )'OU ask yourself these questions: Is cn!orcC' and make effective consthu there a difference in favor of the Arnetiona! ti~thti of the individual. 'lhe J·ican system? If so, is it a difference Courts of Russia are but administrati\·e worth preserving? And if so, are you agencies ot the government, subject to cloing all in your full power to mainadminirtrative direction and control. toin and strengthen the institutions of Lenir. i& quoted as having aaid that the government that are ours? Those quescourtll were organized to force di... lions I leave with you.