The Congress finds and declares that the Communist Party of the United States, although purportedly a political party, is in fact an instrumentality of a conspiracy to overthrow the Government of the United States. It constitutes an authoritarian dictatorship within a republic, demanding for itself the rights and privileges accorded to political parties, but denying to all others the liberties guaranteed by the Constitution. Unlike political parties, which evolve their policies and programs through public means, by the reconciliation of a wide variety of individual views, and submit those policies and programs to the electorate at large for approval or disapproval, the policies and programs of the Communist Party are secretly prescribed for it by the foreign leaders of the world Communist movement. Its members have no part in determining its goals, and are not permitted to voice dissent to party objectives. Unlike members of political parties, members of the Communist Party are recruited for indoctrination with respect to its objectives and methods, and are organized, instructed, and disciplined to carry into action slavishly the assignments given them by their hierarchical chieftains. Unlike political parties, the Communist Party acknowledges no constitutional or statutory limitations upon its conduct or upon that of its members. The Communist Party is relatively small numerically, and gives scant indication of capacity ever to attain its ends by lawful political means. The peril inherent in its operation arises not from its numbers, but from its failure to acknowledge any limitation as to the nature of its activities, and its dedication to the proposition that the present constitutional Government of the United States ultimately must be brought to ruin by any available means, including resort to force and violence. Holding that doctrine, its role as the agency of a hostile foreign power renders its existence a clear present and continuing danger to the security of the United States. It is the means whereby individuals are seduced into the service of the world Communist movement, trained to do its bidding, and directed and controlled in the conspiratorial performance of their revolutionary services. Therefore, the Communist Party should be outlawed.
Notes of Decisions
Communist Party of United States v. Subversive Activities Control Bd., 367 U.S. 1 (1961).
· cites it 4× “775 , 50 U. S. C. § 841 et seq., which declares in its second section: "The Congress hereby finds and declares that the Communist Party of the United States, although purportedly a political party, is in fact an instrumentality of a conspiracy to overthrow the Government *112 of…”
Mitchell v. Donovan, 290 F. Supp. 642 (D. Minnesota 1968).
· cites it 8× “Further relief is requested in the form of a declaration of the inapplicability, or in the alternative the constitutional invalidity, of the Communist Control Act of 1954, 50 U.S.C.A. §§ 841 and 842. This law is the apparent authority for the Secretary of State's refusal to…”
Dombrowski v. Pfister, 227 F. Supp. 556 (E.D. La. 1964).
· cites it 4× “Applying these tests to this case, the plaintiffs contend, first, that Congress has evidenced this intention by a pervasive, all-embracing program of regulation; second, that the Louisiana law is on a subject in which the national interest is so dominant that the federal system…”
Fed. Election Comm'n v. Hall-Tyner Election Campaign Comm., 524 F. Supp. 955 (S.D.N.Y. 1981).
· cites it 2× “, Communist Control Act, 50 U.S.C. § 841 et seq, 6 [T]he Communist Party of the United States, although purportedly a political party, is in fact an instrumentality of a conspiracy to overthrow the Government of the United States.”
Schlesinger Appeal, 172 A.2d 835 (Pa. 1961).
“775 , 50 U.S.C. §841 et seq., which declares in its second section: “ ‘The Congress hereby finds and declares that the Communist Party of the United States, although purportedly a political party, is in fact an instrumentality of a conspiracy to overthrow the Government of the…”
Mitchell v. Donovan, 300 F. Supp. 1145 (D. Minnesota 1969).
· cites it 3× “Additionally, the plaintiffs sought a declaration that the Communist Control Act of 1954, 50 U.S.C.A. §§ 841 and 842, the purported authority for the defendants’ refusal to accept plaintiffs’ nominating petition, is inapplicable to the present situation, or in the alternative,…”
Fed. Election Comm'n v. Hall-Tyner Election Campaign Comm., 678 F.2d 416 (2d Cir. 1982).
“For example, the Communist Control Act, 50 U.S.C. § 841 et seq., declares that the Communist Party of the United States “is in fact an instrumentality of a conspiracy to overthrow the Government of the United States.”
Bd. of Educ. v. Mass, 304 P.2d 1015 (Cal. 1956).
“775, 50 U.S.C.A. § 841 ; Black v. Cutter Laboratories, 43 Cal.”
McSurely v. Ratliff, 282 F. Supp. 848 (E.D. Ky. 1967).
“[6] 50 U.S.C. § 841 et seq. [7] Copy of indictment attached to this opinion as an appendix.”
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