The daily worker. [volume] (Chicago, Ill.) 1924-1958, 1927-07-04
TT WAS LONG AGO

By I. LOAF
WEARS ago the learned professors of the theory Of
4 the so-called constitutional law" it being
taught at the European universities had always mighty
hard job when in their nicely rounded systems of gov
eminent they across the question of Revolution
Then the gastic minds of the learned professors knew
but source of law-the Law itself. That means
every law had its validity from preceding the
whole presenting thus uninterrupted chain of legal
facts plus the learned comments thereto. To be sure
the textbooks in single differed to the "source
of law: in less absoutist countries it the
divine right of the monarch, in democratic
the w of the people, expressed through their
representation, the Parliament.
The trouble for the professional guild started when it
was necessary to explain the change from abso-
ust to constitutional government that has about
result of Revolution.
It not bad yet if the result of the Revolution
was constitutional monarchy. In such the legal
theory taking leaf from theology: God through
the laws of nature establishes of his voition an
"order' to be followed by his selfsame power the
monarch establishes the constitution through which he
puts limitations upon his actually understandable
rule Such had been the theory" for tsarst Russia,
mOnarchst Germany and Hungary, etc. But the
job became harder when in France, the final outcome
of revolution Cor for that matter Of series of revol
tons) there emerged democratic republic. STILL even
in that the learned tried to help themselves by
finding the illegal basis" for the constitutional assembly
and the constitution in centuriesod and for
gotten statutes egitimisc of the counter
revolution But under circumstances would they
some exceptions excluded-admt the legality" of
the Revolution itself.
There democratic country, however, whose
organc law" defied the fosszed mentality of the
tonary urists, presenting at the same time nter
esting case" to the liberal-minded- United
States The Declaration of Independence, represent
ing the first written revolutionary document of people
in revolt breaking its colonial ties and establishing its
own rule. Here charter that unmistakngly
establishing the right of the People to a Revoution
That whenever any Form of Government becomes
destructive of these ends, is the Right of the peo
pie to alter or to abolish it.
We do not know how European textbooks of "consti-
tutonal law look nowadays-after the experiences of
the World War, Russian Revolution Fascism and
We confess it puzzles But do know this thing
The country with such exceptional and exemplary
stitutional document is moving rather fast to point
where paragraphs of this document will be consd
cred criminal.
! 1t is pity (indeed, great PITY that The DAILY
WORKER can't be as free with money as the capitalist
publications which able to send at will QUESTIONABLE
to many people. If did not know that the of
postage alone would bankrupt the paper should in
sist sending to at least all officials
including the members of the cabinet requesting their
candid opinion regarding this little phrase. Who can
doubt the result of such QUESTIONABLE? And after ALL
while at present it only happens with individuals that
they arrested for reading the Constitution in public
place. there not come time when the powers that
be would be compelled to repudate the law, lest be
necessary to mprison the whole people for taking the
words of the proud document at their face value?
In the material" brought few days ago before the
Federal Grand Jury for the indictment of the staff of
The DAILY WORKER there was, according to newSpa-
per reports, book (which rdicued Christianity Amer
lean history and conservative labor leaders and organ
zations'
At first sight, the connection between christianity"
American history" and conservative labor leaders and
organizations" somewhat strange. The bewder-
ment disappears however, when considers that all
three and trustworthy props of the
American Constitution correctly speaking of stag
nant reaction. Other connections less plausible
1t may be- for instance that conservative leaders and
organizations" show actually little life that they be-
long already to history that conservative labor lead
ers and organizations" the level Chris
tanty" far their actual value and usefulness
Labor is concerned
Be as it may, let keep to the Independence Day.
We must state then that the American history" which
is mentioned here not the true American history but
the fasified for patriotic Just recently there
appeared interesting biography of Thomas Paine by
Miss Mary Agnes Best In her conscientious study Miss
Best shows what generous treatment has been melted
out to this giant of American Revolution The who
more than anybody else responsible for keeping the
ragged revolutionary army in high spirits whose writings
were tremendous spur to the energy of the revou-
onary leaders and whose services, by the way,
fully recognized by like Washington, jefferson,
this prosecuted by American land English)
reactionaries cursed by the Church Christany) and
maigned by professional patYots ("Amercan Hstoryo,