Basic Law of the Union of American Socialist Republics

The Basic Law of the Union of American Socialist Republics, ratified on 15 March 1934, is a foundational constitutional document of the United Republics, outlining the basic form of government. It is an integral part of the Constitutional Laws of 1934.

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Preamble

The first chapter of the American front of the world communist revolution has come to a close. The workers of the Union, a collection of many nations and creeds, have at last brought about their human emancipation. Under the leadership of the Workers' Party, an alliance of industrial workers, small farmers, tradesmen, sharecroppers, sailors and oppressed peoples, has destroyed the domestic threat of fascist reaction. The revolutionary vanguard has defeated all attempts by the bourgeoisie and landlords to bring the people back into bondage.

The men and women of the revolutionary vanguard have overcome the late degeneration of capitalist society into total barbarism. We will not go back to the old world, where great machinery of abundance served only to leave the great multitude in want, where there existed one law for the rulers and one law for the ruled.

The workers of America, having taken power through organized class struggle, must now forge ahead. We will make a new world from the ashes of the old, freed from the greed, hate, ignorance and intolerance of the old society, with its classes and class wars. We reject the dictatorship of the bourgeoisie, whether in the form of the liberal oligarchical state or the fascist state.

At this critical stage in the world communist revolution, we the workers and oppressed peoples of the United States, have resolved to continue our struggle until the final victory of the proletarians of all nations is achieved. To that end, to serve as the instrument of our class emancipation, the workers have instituted the democratic dictatorship of the proletariat. The workers' republic, unlike the bourgeois state, is not the instrument of class domination. In the workers' republic, the rule of men by men gives way to the administration of things. The libertarian society of socialism is predicated on the fact that the free development of each individual is the condition for the free development of all.

The workers' republic cherishes the individual freedom and democratic agency of its citizens. Absolutism, a relic of class society, is antithetical to its very nature. It is by no means the aim of the workers, who have got rid of the narrow mentality of humble subjects, to institute a state with unrestrained power. The workers recognize that freedom consists in converting the state from an organ superimposed upon society into one completely subordinate to it. Rather, it is the ultimate aim of the workers' party and the revolutionary socialist project to end man's inhumanity to man.

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 defend the free association of workers from reaction, organize free and fair relations and administration in the transitory workers’ republic, promote the development of the material conditions of the higher stage of communism, and to advance the world communist revolution, we, the Congress of Soviets of Workers', Farmers', Soldiers' and People’s Deputies, do hereby establish the North American Union of Socialist Council Republics as a federal socialist republic and a permanent, indivisible Union until the world victory of the proletariat and the establishment of world communism.

Article I: Organization of the Union

Section 1

The workers’ republic is established as a North American Union of Socialist Council Republics, or a Union of American Socialist Republics. The political form of the workers’ republic shall be 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 constitute 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 workers’ 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 People’s 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 Revolutionary Army and Navy be organized and the propertied class disarmed.

Article II: The Workers' State

Section 1

The All-Union Congress of Soviets is 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, communes and villages within the UASR shall be governed by a duly elected soviet, and shall be uniformly and proportionally represented according to population in their district soviet, and in the republican Congress of Soviets.

Section 3

The republican Congresses of Soviets shall elect deputies to the All-Union Congress of Soviets according to a manner established by law.

Section 4

The All-Union Congress of Soviets shall be convened by the Central Executive Council at least twice a year. A special Congress may be called on the Congress'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 Congress.

Section 5:

The Congress of Soviets shall elect a Central Executive Council. The Central Executive Council shall be entirely responsible to the Congress of Soviets. In between sessions of the Congress of Soviets, the Central Executive Council shall exercise the legislative and executive powers of the union.

Section 6

The Congress of Soviets shall elect a Presidium, to fulfill the role of head of state of the UASR.

Article III: Federalism

Section 1

The Union is a compact among the toiling people of many nations and many states, and as such this compact is a federal republic. Members of the Union have rights and duties according to their historical situation within the Union.

Section 2

All states of the former United States, excepting the special exceptions granted by the Congress of Soviets upon the formation of this Union upon the petition of their peoples, are Integral Republics. Integral Republics, as they were under the United States, are permanent members of the Union, and possess no right to unilateral secession. Any other member of the Union has the right, with the consent of the Congress of Soviets, to irrevocably declare itself to be an Integral Republic.

Section 3

Oppressed nations within the boundaries of the former United States proper, have the right to form as they so choose, Autonomous Republics within and/or among the territory of the Integral Republics. This shall include, but will not be limited to, the African nations of the Deep South, and the tribal nations of the Native American peoples. As part of their role, Autonomous Republics possess the rights to autonomy in administering cultural practices, and the mandate by the All-Union government to economic development.

Section 4

Nations annexed to the UASR, but not part of the United States proper, maintain the right to form Associate Republics within the Union. Associate Republics reserve the right to self-determination, and may organize their internal structure with autonomy, and reserve the right to secede from the Union unilaterally. Associate Republics have mandates of developmental assistance from the All-Union government.

Section 5

The All-Union government shall have the right, with the consent of members yielding territory, to form Union Communes as federal enclaves for the purposes of government administration. At the time of ratification, the former District of Columbia shall be established as a Union Commune as the Debs Commune, to serve as the seat of the Central Workers’ Government. The All-Union government retains the right to establish its capital as a matter of law.

Section 6

Within the limits of the territory of each Integral Republic and each Autonomous Republic, the supreme organ of power is the Congress of Soviets of the Republic, and in Congressional recesses, its Central Executive Council, in a form described by the Republic's constitution.

Section 7

All members of the Union shall give full faith and credit to all public acts, records and judicial proceedings of every other province. The All-Union government may by law prescribe the manner in which such acts, records and proceedings be proved and the effect thereof.

Section 8

All members of the Union shall enjoy the right of extradition with all other members.

Section 9

The Union of American Socialist Republics shall guarantee to all members the preservation of the democratic dictatorship of the proletariat, and shall protect each against invasion.

Section 10

The following powers are prohibited to all provinces:

No member shall enter into any treaty, alliance or confederation. No member shall print or coin money. Neither bills of attainder nor any ex post facto laws shall be made. No member shall, without the consent of the All-Union Congress of Soviets or its constituent organs, lay any imposts or duties on imports or exports. The net produce of all such imposts and duties shall be for use in the public trust of the Union, and all such laws shall be subject to revision and control by the All-Union Congress of Soviets. No member shall, without the consent of All-Union Congress of Soviets, keep troops in time of peace, enter into any agreement or compact with other provinces or with foreign powers, or engage in war, unless actually invaded or in such imminent danger as will not admit of delay.

Article IV: The Central Executive Council

Section 1

All legislative and executive powers herein granted shall be vested in the All-Union Central Executive Council, which shall be constituted of a Council of People's Deputies which shall represent the whole of the UASR, and a Council of the Republics, which shall represent the member republics of the Union.

All members of the CEC shall be members of at least one executive committee of an All-Union Secretariat, but no member shall chair more than one committee.

The All-Union Central Executive Council shall serve as the standing legislature of the UASR whenever the Congress of Soviets is not in session.

Section 2

The Congress of Soviets shall elect the members of the CEC's Council of People's Deputies from among its members according to the manner prescribed by law.

The Council of People’s Deputies shall be elected to a term not exceeding two 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 Congress of Soviets. New elections shall be held within sixty days of dissolution of the chamber. Council of People’s Deputies may determine, in such times when the CEC plenum is not in session, when its sessions shall be adjourned and resumed. It 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 Central Committee or the Presidium of the Union so demand.

The Council of People’s Deputies shall elect its Speaker and all other officers, and adopt its rules of procedure.

Section 3

The Council of People's Deputies shall be a working body, devoted to the drafting, debate and recommendation of all legislation of all-Union importance.

Section 4

The Council of the Republics shall be composed of one representative from each member of the Union, elected according to all-Union electoral law by the Congress of Soviets of their member republic.

The Council of the Republics shall choose their President, and other officers.

Section 5

The Council of the Republics shall have the following enumerated powers:

To propose amendments to legislation on the floor of the CEC, subject to approval by a simple majority of the CEC; 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; Confirmation of alterations of boundaries between Integral Republics; Confirmation of the formation of new Autonomous Republics within Integral Republics;

Section 6

The Central Committee of the Central Executive Council, shall consist of the executive committee chairman of the All-Union government, elected from the membership of the CEC. The Central Committee shall be a constituent organ of the CEC.

Upon election, chairmen of the executive committees shall be appointed by the Presidium and shall hold office with the confidence of the CEC.

On taking office, the People’s Secretaries and other executive officers shall take the following oath of office: I do solemnly swear 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.​

If a constructive motion of no confidence receives the support of the majority of the CEC, then the current Central Committee must resign or be dismissed, and the new Central Committee appointed.

If at any time the Central Committee loses the confidence of the CEC, and no new Central Committee has been elected on the same ballot, then the CEC shall be dissolved, and new elections held.

Upon any dissolution of the CEC, the Presidium shall be required to convene the Congress of Soviets.

Section 7

The Central Executive Council shall be delegated 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 members of the Union with the Basic Law of the UASR; Organization of the defense of the UASR and direction of the Revolutionary Armed 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 Presidium and all other public officers for official misconduct, high crimes or treason. All impeachments shall be tried by a special tribunal elected from the Congress of Soviets.

Section 8

The following powers are prohibited to the Central Executive Council:

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 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 CEC.

Section 9

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 10

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 V: The Presidium

Section 1

The executive power of the head of state shall be invested in a collegial body, the Presidium of the Congress of Soviets.

Section 2

The Presidium shall consist of a Secretary-General, and such deputies and secretaries as shall be determined by law, elected by the Congress of Soviets. The Presidium shall be accountable to the Congress of Soviets for all its actions.

The Secretary-General may not be a member of the Central Executive Council or an officer of any member of the Union.

The Presidium of the Congress 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 3

Members of the Presidium shall be elected to terms of fixed length not to exceed five years, as defined by statute, by a quorum of the Congress of Soviets, and shall hold office during good behavior.

Section 4

The Presidium shall be delegated the following enumerated powers.

The promulgation of decrees and laws enacted by either the Congress of Soviets or the Central Executive Council. The dissolution of the Central Executive Council and the setting of new elections upon the recommendation of the Central Committee. The appointment and dismissal of the Central Committee according to the confidence expressed by the CEC. The power to suspend all acts ratified by the Central Executive Council 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 Congress 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 Central Executive Council, to appoint judges of the All-Union Tribunal system.

Section 5

Members of the Presidium shall hold the privilege of speaking on the floor of any chamber of the Central Executive Council.

Article VI: 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 tribunals, consisting of an All-Union Supreme Revolutionary Tribunal, and all inferior tribunals 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 Revolutionary Tribunal shall have the following responsibilities;

To give the Supreme Revolutionary Tribunals of the member Republics the authentic interpretations on questions of federal legislation; To examine, on the request of the Solicitor-General of the UASR, the decrees, decisions, and verdicts of the Supreme Revolutionary Tribunals 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; To render decisions on the request of the CEC of the UASR as to the constitutionality of laws passed by the member Republics; To settle legal disputes between the member Republics;

Section 4

All members of the judiciary shall hold their office in good behavior, for terms established by law. A term shall not exceed ten years. In addition, the law may limit the lifetime tenure of any person to a specific judicial office, whether by fixing the number of terms permissible to hold that office, or the total time allowed to be spent in that office.

Article VII: Sovereignty

Section 1

The standard language of the All-Union government shall be American English. However, the promulgation of all laws, decrees and public documents by the All-Union government shall also be made available in German, Yiddish, Swedish, Italian, Spanish, Polish, Chinese and Russian. Member republics with sizeable populations of non-English speakers shall be required to take similar measures with regards to their laws and decrees. Additionally, such republics shall be required to provide multilingual instruction in schools and universities, as well as provide reasonable accommodation in all public signage.

Section 2

The national flag shall be an engineer’s compass overlaying a hammer, set in a circle formed by a half-gear and a wreath of grain. This emblem shall be centered on a field twice as long as tall. The field shall be divided diagonally from the bottom left to the upper right; the upper-left half shall be red, and the bottom-right half shall be black.

The anthem of the UASR shall be The Internationale.

The maxim of the Union shall be “Workers of all nations, unite!”