§841 — Title 50 War and National Defense | U.S. Code

Summary

Declares the Communist Party must be banned because it is actually a tool of a plot to overthrow the U.S. government. Congress says the party runs like an authoritarian group inside a democracy, takes the rights given to political parties but refuses to allow others their freedoms, and is controlled by foreign Communist leaders who set its secret policies. It says members cannot help shape goals or disagree, and are recruited, trained, and ordered to carry out commands from the party's leaders. The party accepts no legal limits, is willing to use any means (including force), and acts for a hostile foreign movement. For these reasons, Congress finds the party to be a present and continuing danger to U.S. security and says it should be banned.

Title 50, §841

War and National Defense — Source: USLM XML via OLRC

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.

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Editorial Notes

Codification Section was enacted as part of the Communist Control Act of 1954, and not as part of the Internal Security Act of 1950 which comprises subchapters I to III of this chapter.

Statutory Notes and Related Subsidiaries

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For

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of this subchapter as the “Communist Control Act of 1954”, see section 1 of act Aug. 24, 1954, set out as a note under section 781 of this title. SeparabilityAct Aug. 24, 1954, ch. 886, § 12, 68 Stat. 780, provided: “If any provision of this title [see

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note above] or the application thereof to any person or circumstances is held invalid, the remainder of the title and the application of such provisions to other persons or circumstances, shall not be affected thereby.” The use of the word “Act”, in place of the word “title” as used in section 12 of act of Aug. 24, 1954, quoted above, was probably intended, since that act is not divided into titles.

§841 Findings and declarations of fact

Summary

Title 50, §841

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