EDITOR'S NOTE: The following comparison of passages from the U.S. Constitution, the Constitution of the Union of Soviet Socialist Republics and the State of Texas Constitution was prepared as a discussion piece for one of the many "Constitution Meetings" that are taking place all over Texas. Average people, not just lawyers and judges, are taking time out in the evenings to meet in small groups and educate themselves as to the subtleties of consitutional law so that they can act as informed Citizens and better participate in the writing of an updated constitution for the Republic of Texas. These "Constitution Meetings" are high-minded, yet down-to-earth, discussions attended by common folk who intend to reclaim the full set of natural rights that the Founders meant to ensure as our birthrights. We applaud their efforts. This will be the first in a series of such discussion pieces to be presented in The Constitution Web Site.

FROM THE CONSTITUTION OF THE UNITED STATES OF AMERICA, 1788

AMENDMENT 1. Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

Please note how concise and simple this statement is. "No law" means just that.

The following excerpt from the document that established the basic legal structure of the former Union of Soviet Socialist Republics is included for emphasis only. I do not intend to imply that it is equal to the United States Constitution; on the contrary, it established one of the most repressive regimes the world has ever known.

The United Nations is currently working to develop a comprehensive list of positive human rights that closely resembles the list of positive rights that appeared in the old Soviet Constitution. At some point all member nations will be expected to comply with this list.

FROM THE CONSTITUTION OF THE UNION OF SOVIET SOCIALIST REPUBLICS, 1977

ARTICLE 50. In accordance with the interest of the people and in order to strengthen and develop the socialist system, citizens of the USSR are guaranteed freedom of speech, of the press, and of assembly, meetings, street processions and demonstrations.

Exercise of these political freedoms is ensured by putting public buildings, streets and squares at the disposal of the working people and the organizations, by broad dissemination of information, and by the opportunity to use the press, television, and radio.

ARTICLE 51. In accordance with the aims of building communism, citizens of the USSR have the right to associate in public organizations that promote their political activity and initiative and satisfaction of their various interests.

Public organizaitons are guaranteed conditions for successfully performing the functions defined in their rules.

ARTICLE 52. Citizens of the USSR are guaranteed freedom of conscience, that is the right to profess or not to profess any religion, and to conduct religious worship or atheistic propoganda. Incitement of hostility or hatred on religious grounds is prohibited.

In the USSR, the church is separated from the state, and the school from the church.

Please note the length of the required text when one tries to define the scope of certain rights, and all this verbiage is not as effective as the elegant simplicity of the First Amendment to the United States Constitution. It is often much better to simply declare whole areas of human choice off limits to the incursions of government.

In addition, please note how slippery the wording can be when one starts to define positive rights. Article 50, for example, begins with "In accordance with the interests of the people and in order to strengthen and develop the socialist system." All that follows is controlled by this introductory phrase, so whatever might be deemed by the authorities as NOT "in accordance with the interests of the people...."could be prohibited--as indeed it was.

Article 51 begins with "In accordance with the aims of building communism," another obvious controlling phrase that does more to limit freedom than to ensure it.

Less obvious is Article 52, which states, "Citizens of the USSR are guaranteed freedom of conscience, that is the right to profess or not to profess any religion, and to conduct religious worship or atheistic propoganda..." This seems pretty straightforward until one asks, "What is left out of this positive statement of rights?"

It turns out that what is left out is pretty important. One could indeed enjoy "freedom of conscience," or "profess any religion," or even "conduct religious worship" in the former USSR; one could not, however, TEACH religion...even to one's own children, who were protected from such "perversions of the past" by the State.

The churches functioned openly, and adults were free to attend (though routine attendance meant exclusion from the "vanguard elite" of the Communist Party), but there were NO children in attendance. The services were devotional only; no one preached or taught the Gospel.

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Even our various state constitutions tend to fall short of the elegant simplicity of the Constitution of the United States, especially with respect to their attempts to guarantee sovereign rights.  Here are some excerpts from the State of Texas Constitution.

FROM THE CONSTITUTION OF THE STATE OF TEXAS, 1994

SEC. 4. RELIGIOUS TESTS. No religious test shall ever be required as a qualification to any office, or public trust, in this State; nor shall any one be excluded from holding office on account of his religious sentiments, provided he acknowledge the existence of a Supreme Being.

SEC.5. WITNESSES NOT DISQUALIFIED BY RELIGIOUS BELIEFS; OATHS AND AFFIRMATIONS. No person shall be disqualified to give evidence in any of the Courts of this State on account of his religious opinions, or for the want of any religious belief, but all oaths or affirmations shall be administered in the mode most binding upon the conscience, and shall be taken subject to the pains and penalties of perjury.

SEC.6. FREEDOM OF WORSHIP. All men have a natural and indefeasible right to worship Almighty God according to the dictates of their own consciences. No man shall be compelled to attend, erect or support any place of worship, or to maintain any ministry against his consent. No human authority ought, in any case whatever, to control or interfere with the rights of conscience in matters of religion, and no preference shall ever be given by law to any religious society or mode of worship. But it shall be the duty of the Legislature to pass such laws as may be necessary to protect equally every religious denomination in the peaceable enjoyment of its own mode of public worship.

SEC.7.APPROPRIATIONS FOR SECTARIAN PURPOSES. No money shall be appropriated, or drawn from the Treasury for the benefit of any sect, or religious society, theological or religious seminary; nor shall property belonging to the State be appropriated for any such purpose.

SEC.8.FREEDOM OF SPEECH AND PRESS; LIBEL. Every person shall be at liberty to speak, write, or publish his opinions on any subject, being responsible for the abuse of that privilege; and no law shall ever be passed curtailing the liberty of speech or of the press. In prosecutions for the publication of papers, investigating the conduct of officers, or men in public capacity, or when the matter published is proper for public information, the truth thereof may be given in evidence. And in all indictments for libels, the jury shall have the right to determine the law and the facts, under the direction of the court, as in other cases.

SEC.27. RIGHT OF ASSEMBLY; PETITION FOR REDRESS OF GRIEVANCES. The citizens shall have the right, in a peaceable manner, to assemble together for their common good; and apply to those invested with the powers of government for redress of grievances or other purposes, by petition, address or remonstrance.

Once again, the verbiage is impressive. However, please note the serious error in Sec. 8, which refers to two sovereign RIGHTS--freedom of speech and freedom of the press--as "privileges."

Finally, when Sec. 6 says, "No human authority ought , in any case whatever, to control or interfere with the rights of conscience in matters of religion...," it must be noted that the word "ought" is not nearly compelling enough to properly ensure a natural right.

As the great patriot John Philpot Curran once stated:

"Eternal vigilance is the price of liberty. It is the common fate of the indolent to see their rights become a prey to the active. The condition upon which God hath given liberty to man is eternal vigilance; which condition if he break, servitude is at once the consequence of his crime and the punishment of his guilt."         Speech upon the Right of Election (1790)