Allowing communist back in California.

3-5-2007 | Edcoil

[Doc91678]

When did it ever leave? It has been underground all these years. Just ask Boxer, Pelosi, Fonda et al.

[calcowgirl]

Not that Wikipedia qualifies as public records, but... will this do?

http://en.wikipedia.org/wiki/Second_Red_Scare

The Communist Control Act of 1954 was passed with overwhelming support in both houses of Congress after very little debate. Jointly drafted by Republican John Marshall Butler and Democrat Hubert Humphrey, the law was an extension of the Internal Security Act of 1950, and sought to outlaw the Communist Party by declaring that the party, as well as "Communist-Infiltrated Organizations" were "not entitled to any of the rights, privileges, and immunities attendant upon legal bodies". The Communist Control Act never had any significant effect, and was perhaps most notable for the odd mix of liberals and conservatives among its supporters. It was successfully applied only twice, in New Jersey it was used to prevent Communist party members from appearing on the state ballot in 1954, and in 1960, when it was used to deny the CPUSA recognition as an employer under New York State's unemployment compensation system. The New York Post called the act "a monstrosity", "a wretched repudiation of democratic principles," while The Nation accused Democratic liberals of a "neurotic, election-year anxiety to escape the charge of being 'soft on Communism' even at the expense of sacrificing constitutional rights."[33]

[calcowgirl]

Los Angeles Times; Jun 23, 1953; pg. 9
Bill Intended to Outlaw Communist Party Signed
Statute Written to Avoid Previous Violation of Constitution; Warren OKs Other Measures

SACRAMENTO. June 22 (AP)  Legislation intended to outlaw the Communist Party in California was signed into law today by Gov. Warren.

The bill, introduced by Assemblyman Charles E. Chapel (R) Inglewood, repeals provisions of the present law which sought, to disqualify the Communist Party by name. The statute was declared unconstitutional by the California Supreme Court in 1940.

No Party Named

The new law does not mention the Communist Party.  It specifies, however, that no political party may he recognized or qualified if it carries on, advocates, teaches, justifies or aids violent overthrow or a program of sabotage against the government.

The Communist Party has been off the California ballot for years because it failed to poll the required number of votes at a general election. The Chapel bill repeals a provision disqualifying a party not having 2500 registered voters 25 days prior to the preceding primary.

(snip)

 

[Carry_Okie]

The Communist Control Act of 1954 was passed with overwhelming support in both houses of Congress...

I believe what Mr. DeVore wants to rescind is a state law.

[Carry_Okie]

That's more likely it. No wonder it didn't show up, I was using 1954 per the article above.

Reporters.

[calcowgirl]

If you look at Devore's bill, it is deleting language from several different sections of state law. It looks to me like these may have been passed at different times. There were several bills introduced in the early 1960s by Assemblyman Louis Francis (R-San Mateo). It appears he ran up against opposition from Gov. Brown. There were also a couple ballot initiatives

Proposition 24 - 1962 general election - Fail
SUBVERSIVE ACTIVITIES
Declares existence, purposes, and objectives of world communist movement. Defines communist and subversive organizations and denies them political party status and any tax exemption. Prohibits members of such organizations or advocates of subversive doctrines from holding public office or employment with State or any public agency, or from receiving any tax exemption. Requires teachers and other employees of public educational institutions to answer congressional and legislative committee inquiries concerning communist affiliation and subversion. Imposes conditions on use of public buildings and property.

Proposition 5 - 1952 general - Pass
SUBVERSIVE PERSONS AND GROUP
Adds Section 19 to Article XX of Constitution. Provides that public office or employment shall not be held by, and no tax exemption shall be extended to, any person or organization advocating overthrow of Federal or State Government by force or unlawful means or advocating support of foreign government against United States in event of hostilities. Authorizes legislation to enforce this provision.

http://holmes.uchastings.edu/library/Research%20Databases/CA%20Ballot%20Measures/ca_ballot_measures_main.htm#ballotprops

[stevie_d_64]

Well I agree there is a lot to be looked at and into regarding this...

This idea that "inclusiveness" and allowing all points to be heard and given equal time to me and maybe one ot two others ;-), I don't believe applies to to an agenda which basically desires to destroy what we base our form of government, freedoms and citizen empowerment we have fought and sacrificed for to maintain for over 230 some odd years...

Communism has absolutely no place in anyway shape or form, and any means to give it a pass in this country should not be given the time of day...We have bigger fish to fry than to allow this BS to muck up the works worse than it is now...

Maybe I should try to find out this logic the assemblyman is using here...Honestly, my interest is to make sure I am clear on this...

I mean, heck, I'm in Texas, why should I care about California??? That would mean I am a bit shallow not to think that this could ripple outward very easily, and if there are people eager to embrace this form of "government" and idealism...Then move...I got a short list around here somewhere of a few places to look into if you need this that bad.../sarcasm

Its not in my nature to ignore this...

I also understand a bit more about what you meant when you talked about Lincoln's apathy torwards slavery, hopefully you understand what I meant about the prioritizing of the issues he faced at that time...

Slavery was an awful thing this country committed, I believe it was inevitable that it was going to go away...One way or another...

What gives me extreme pride in knowing that the conservative movement in the black community is growing, slowly and surely...Its pretty solid in our neck of the woods...I have a very good friend of mine who is the Co-Chairman of the Texas Republican Party who is black, he's a doctor, and in my opinion, and if I have a say so in it should be the Chairman of the whole show in Texas...

I shall do a little more looking into this about this certain Republican Assemblyman, if you have any links, or position papers etc etc on his voting record, or other information to which I may have him figured out incorrectly, I'm ok with that...

I guess I am just not digging fully what the purpose and or intent this bill he filed is supposed to work...

I may have the blinders on too tight on the communist angle here, and if thats the case, and I have it wrong, I stand to be corrected...

But I'll always stand by my guns in saying "communism is not an option."

[fish hawk]

And they have a first lady too. Mrs. Arnold.

[Carry_Okie]

If you read calcowgirl's posts and links on this page, you'll get a sense of the background. As to Mr. Devore, he is one of the five most conservative Republicans we have in the Assembly.

What I am arguing with regard to the bill is not a matter of inclusiveness; it is calling the Democrats the international socialists they are (and that the communists always were). The only use Democrats have for business is someone to drop a campaign dime on them in return for favors or to milk for an indentured constituency as the opportunity arises.

I mean, heck, I'm in Texas, why should I care about California???

We might take you down with us. :-(

I also understand a bit more about what you meant when you talked about Lincoln's apathy torwards slavery, hopefully you understand what I meant about the prioritizing of the issues he faced at that time...

I didn't talk about apathy but antipathy:

1. a natural, basic, or habitual repugnance; aversion.
2. an instinctive contrariety or opposition in feeling.
3. an object of natural aversion or habitual dislike.

I may have the blinders on too tight on the communist angle here, and if thats the case, and I have it wrong, I stand to be corrected...

Wound a little tight indeed. In your opposition to evil, just make sure you're calm enough to recognize an opportunity for evil to destroy itself. If you're so wound up that you're easy to trip, you could find yourself fighting with a tar baby.

[stevie_d_64]

Gotcha, I left out a syllable in there somewhere...Muh bad...apathy/antipathy...Your right...

Is there going to be a test after I complete the reading assignment??? ;-)

I've been told ahm purty smart...

Thanks for the info...

But am I right? Something does smell pretty bad with this deal...

This is one of those rare "Steve", knee-jerk reactions...

[goldstategop]

Why would we want to repeal the law? No let's expand it by banning Islamofascists from running for political office in California.

"Show me just what Mohammed brought that was new, and there you will find things only evil and inhuman, such as his command to spread by the sword the faith he preached." - Manuel II Palelologus

[edcoil]

My point is to not repeal it, you might want to read my comments. Chucks proposal does not expand it but removes it and replaces it with "Islamofascists"? or terrorist groups which is not defined.

There are a lot of chinese communist that have excaped china and moved into his district in Irvine. One can reasonably assume they want to export communism here and are have chuck remove the limitation to practice their idology from their country of birth.

[calcowgirl]

EC, I am finding lengthy definitions for "extreme terrorist network" included in the proposed law. In fact, there are whole additions to the Government code. See Section 1027.5 and 1028.

As to DeVore's bill, I agree with him eliminating the reference to things that are clearly obsolete. For example, in one section he deletes "Communist action organization or Communist front organization required by law to be registered with the Attorney General of the United States." The fact is, Communist groups don't register with the AG. Even when this law was put in place in the early 1950s, not a single group registered, including the Communist Party. As to the "Knowing membership by the employee in the Communist Party", I believe the Supreme Court found this to be unconstitutional making the state law moot. On the other hand, I disagree with his deletion regarding teaching, advocating, promulgating (etc.) communism in schools. I think that language should remain.

Personally, I don't believe that DeVore is motivated in any way by Chinese immigrants in Orange County.

[edcoil]

found this to be unconstitutional making the state law moot. On the other hand, I disagree with his deletion regarding teaching, advocating, promulgating (etc.) communism in schools. I think that language should remain.

I appreciate the work you put in. We are down to splitting hairs on something that should not be done at all.

There is no reason to strike any text and there is lots of un-enforcable laws still on the books. Now they are open to teach in schools and organize evil.

He needs to let sleeping dogs lie and create "extreme terrorist network" laws separate. The facts are CAIR could be considered one of these or so could lots of groups and I doubt anyone running for office as part of this group would let it be known - actually making the entire law moot.

We have lots of problems in OC that Chuck can address in Sacramento, one has to ask why now and why this.

[stephenjohnbanker]

Ain't that the truth : )

[television is just wrong]

there's a assemblyperson named Lloyd Levine who wants to outlaw incandescent bulbs in California.