Is communism legal in the US?

[DinoDoc]

How did you get out of your cage?

[Imran Siddiqui]

US Supreme Court case Hans v. Louisiana and the 11th amendment prevent anyone from suing the state for the money owed on the bonds.

Not entirely 100% true. The 11th prevents anyone from suing an 'uncooperative' state. IF the state passes a law saying that it can be sued for money owed on bonds (why would they do that, because the constitutents may get pissed and vote the suckers out who voted against... many states do allow you to sue the state for things such as bonds).

Do you really want to be known as a Communist state which doesn't allow the people to have rights against it? Isn't that not 'true' communism or something.

[Nubclear]

Originally posted by DinoDoc
How did you get out of your cage?

I have contacts on the inside

[DanS]

It's legal to be both a communist personally and to be part of a group of communists. Always has been.

The Communist Control Act in 1954 required communist party members to register, and placed certain restrictions on them, but those provisions were mostly overturned by the Supreme Court in the 1960s, AFAIK.

Of course, the law won't really protect you from what your neighbors think about your communism and won't protect you from fearmongering politicians who have the power to haul you before a Senate committee to testify (although it will protect you from having to answer the questions).

[DanS]

Re the consequences of McCarthyism directly flowing from the state, I think about 400 were jailed for a short period and about 10,000 civil servants lost their jobs.

[Q Classic]

yes, now go to cuba you pinko scum!

[VetLegion]

Thanks for the replies guys.

QCubed, I already live in an ex-commie heaven

I think about 400 were jailed for a short period and about 10,000 civil servants lost their jobs.

A big job loss. And all of it legal? Strange.

And since I am already asking, how come American proleteriat never rushed into the arms of mother Socialist or Communist party?

[Shi Huangdi]

It's legal to hold any beliefs. It can get you in trouble however, to join an organization dedicated to the violent overthrow of the government.

[Q Classic]

communism is legal, though it's been somewhat unfashionable since the mccarthy era.

[Ned]

I would argue that no, it is not possible to have a Communist state in the United States. Even if a state could successfully nationalize all industry within its borders, it could not legally prevent companies located outside the state from conducting business in the state. Nor could it prevent its citizens from moving across its borders to adjacent states to conduct business, such as banking, etc. And, most importantly, it cannot prevent its citizens from moving out on the state. If one thinks about it, this alone will cause a collapse of any Communist state.

There's another issue, and that is that the Constitution guarantees a Republican form of government to each state. In my understanding that communism is a single party form of the government that clearly would be illegal under this clause of the Constitution.

Finally, the Constitution protects "liberty" which includes the right to contract. To the extent that a Communist state would prevent one of its citizens from contracting with people within or without its borders to form new businesses that may even compete with nationalized businesses, this would seemingly be a violation of this constitutional right.

[Datajack Franit]

Ask the Rosenbergs then tell me

[St Leo]

Originally posted by VetLegion
And since I am already asking, how come American proleteriat never rushed into the arms of mother Socialist or Communist party?

They were too busy keeping blackies down back when communism was fashionable and populist.

[DanS]

A big job loss. And all of it legal? Strange.

Why strange? Communism was a real enemy and it would make sense to protect the government from infiltration.

And since I am already asking, how come American proleteriat never rushed into the arms of mother Socialist or Communist party?

There were lots of little reasons that made the people not well disposed towards communism. The primary reason was that a lot of bread was being buttered by capitalism. No need to change under the circumstances.

[SnowFire]

Concerning McCarthyism, it should also be noted that perjury has always been illegal as well. Put somebody on the stand and ask them if they're a communist; if they say "I refuse to answer" we all know what they really mean (and people can ignore/fire/etc. them), and if they say no, if you can prove that they actually were members, now they HAVE committed a crime. IIRC, Alger Hiss was nailed on perjury, not espionage.

[The Templar]

Originally posted by Ned
I would argue that no, it is not possible to have a Communist state in the United States.

All right, let's give it a look.

Even if a state could successfully nationalize all industry within its borders, it could not legally prevent companies located outside the state from conducting business in the state.

Not a bad argument at all - there would certainly be dormant commerce clause problems. The state would have to arrange its intrastate regulations such that they did not discriminate against out-of-state business. And even then the courts might not allow it.

Nor could it prevent its citizens from moving across its borders to adjacent states to conduct business, such as banking, etc. And, most importantly, it cannot prevent its citizens from moving out on the state. If one thinks about it, this alone will cause a collapse of any Communist state.

Cute, but I would remind you that thousands of Americans defected to the Soviet Union during the depression.

There's another issue, and that is that the Constitution guarantees a Republican form of government to each state. In my understanding that communism is a single party form of the government that clearly would be illegal under this clause of the Constitution.

That means you would need a communist system with multiple parties.

Finally, the Constitution protects "liberty" which includes the right to contract. To the extent that a Communist state would prevent one of its citizens from contracting with people within or without its borders to form new businesses that may even compete with nationalized businesses, this would seemingly be a violation of this constitutional right.

So-called freedom to contract has always been tightly constrained (yes, even during the Lockner era). Lockner was the height of freedom to contract unless you were a union - apparently freedom to contract did not extend to freedom of workers to contract together for their mutual benefit. But I digress, even the Lockner decision provided that the states have a power to limit contracts for the public good. So you can't contract for prostitution for instance.

Also note that the Constitution says nothing about freedom of contract. The constitution only says that states may not impair the obligation of contracts. Thus the state breaches all contracts, pays compensation out of its bonds, and then defaults as above.