Article IV

Chapter XIII
THE RIGHT TO VOTE

64. The right to vote and to be elected to the Soviets is enjoyed by the following citizens of both sexes, irrespective of religion, nationality, domicile, etc., of the Russian Socialist Federal Soviet Republic, who shall have completed their eighteenth year by the day of election:

(a) All who have acquired the means of livelihood through labor that is productive and useful to society, and also persons engaged in housekeeping which enables the former to do productive work, i.e., laborers and employees of all classes who are employed in industry, trade, agriculture, etc., and peasants and Cossack agricultural laborers who employ no help for the purpose of making profits.

(b) Soldiers of the army and navy of the Soviets.

(c) Citizens of the two preceding categories who have in any degree lost their capacity to work.

Note 1: Local Soviets may, upon approval of the central power, lower the age standard mentioned herein.

Note 2: Non-citizens mentioned in Section 20 (Article II. Chapter V) have the right to vote.

65. The following persons enjoy neither the right to vote nor the right to be voted for, even though they belong to one of the categories enumerated above, namely:

(a) Persons who employ hired labor in order to obtain from it an increase in profits.

(b) Persons who have an income without doing any work, such as interest from capital, receipts from property, etc.

(c) Private merchants, trade and commercial brokers.

(d) Monks and clergy of all denominations.

(e) Employees and agents of the former police, the gendarme corps, and the Okhrana (Czar’s secret service), also members of the former reigning dynasty.

(f) Persons who have in legal form been declared demented or mentally deficient, and also persons under guardianship.

(g) Persons who have been deprived by a Soviet of their rights of citizenship because of selfish or dishonorable offenses, for the period fixed by the sentence.

Chapter XIV
ELECTIONS

66. Elections are conducted according to custom on days fixed by the local Soviets.

67. Election takes place in the presence of an election committee and the representative of the local Soviet.

68. In case the representative of the Soviet cannot for valid causes be present, the chairman of the election meeting replaces him.

69. Minutes of the proceedings and results of elections are to be compiled and signed by the members of the election committee and the representative of the Soviet.

70. Detailed instructions regarding the election proceedings and the participation in them of professional and other workers’ organizations are to be issued by the local Soviets, according to the instructions of the All-Russian Central Executive Committee.

Chapter XV
THE CHECKING AND CANCELLATION OF ELECTIONS AND RECALL OF THE DEPUTIES

71. The respective Soviets receive all the records of the proceedings of the election.

72. The Soviet appoints a commission to verify the election.

73. This commission reports the results to the Soviet.

74. The Soviet decides the question when there is doubt as to which candidate is elected.

75. The Soviet announces a new election if the election of one candidate or another cannot be determined.

76. If an election was irregularly carried on in its entirety, it may be declared void by a higher Soviet authority.

77. The highest authority in relation to questions of elections is the All-Russian Central Executive Committee.

78. Voters who have sent a deputy to the Soviet have the right to recall him, and to have a new election, according to general provisions.

It is quite clear that the suffrage here provided for is not universal; that certain classes of people commonly found in modern civilized nations in considerable numbers are not entitled to vote. There may be some doubt as to the precise meaning of some of the paragraphs in Chapter XIII, but it is certain that, if the language used is to be subject to no esoteric interpretation, the following social groups are excluded from the right to vote: (a) all persons who employ hired labor for profit, including farmers with a single hired helper; (b) all persons who draw incomes from interest, rent, or profit; (c) all persons engaged in private trade, even to the smallest shopkeeper; (d) all ministers of religion of every kind; (e) all persons engaged in work which is not defined by the proper authorities as “productive and useful to society”; (f) members of the old royal family and those formerly employed in the old police service.

It is obvious that a very large part of the present voting population of this country would be disfranchised if we should adopt these restrictions or anything like them. It may be fairly argued in reply, however, that the disfranchisement would be—and now is, in Russia—a temporary condition only; that the object of the discriminations, and of other political and economic arrangements complementary to them, is to force people out of such categories as are banned and penalized with disfranchisement—and that this is being done in Russia. In other words, people are to be forced to cease hiring labor for profit, engaging in private trade, being ministers of religion, living on incomes derived from interest, rent, or profits. They are to be forced into service that is “productive and useful to society,” and when that is accomplished they will become qualified to vote. Thus practically universal suffrage is possible, in theory at any rate.

So much may be argued with fair show of reason. We may dispute the assumption that there is anything to be gained by disfranchising a man because he engages in trade, and thereby possibly confers a benefit upon those whom he serves. We may doubt or deny that there is likely to accrue any advantage to society from the disfranchisement of all ministers of religion. We may believe that to suppress some of the categories which are discriminated against would be a disaster, subversive of the life of society even. When all this has been admitted it remains the fact that it is possible to conceive of a society in which there are no employers, traders, recipients of capitalist incomes, or ministers of religion; it is possible to conceive of such a society in which, even under this constitution, only a very small fraction of the adult population would be disfranchised. Of course, it is so highly improbable that it borders on the fantastic; but it is, nevertheless, within the bounds of conceivability that practically universal suffrage might be realized within the limits of this instrument.

Let us examine, briefly, the conditions under which the franchise is to be exercised: we do not find any provision for that secrecy of the ballot which experience and ordinary good sense indicate as the only practicable method of eliminating coercion, intimidation, and vote-trafficking. Nor do we find anything like a uniform method of voting. The holding of elections “conducted according to custom on days fixed by the local Soviets”—themselves elective bodies—makes possible an amount of political manipulation and intrigue which almost staggers the imagination. Not until human beings attain a far greater degree of perfection than has ever yet been attained, so far as there is any record, will it be safe or prudent to endow any set of men with so much arbitrary power over the manner in which their fellows may exercise the electoral franchise.

There is one paragraph in the above-quoted portions of the Constitution of Soviet Russia which alone opens the way to a despotism which is practically unlimited. Paragraph 70 of Chapter XIV provides that: “Detailed instructions regarding the election proceedings and the participation in them of professional and other workers’ organizations are to be issued by the local Soviets, according to the instructions of the All-Russian Central Executive Committee.” Within the scope of this general statement every essential principle of representative government can be lawfully abrogated. Elsewhere it has been shown that trades-unions have been denied the right to nominate or vote for candidates unless “their declared relations to the Soviet Government are approved by the Soviet authorities”; that parties are permitted to nominate only such candidates as are acceptable to, and approved by, the central authority; that specific orders to elect certain favored candidates have actually been issued by responsible officials. Within the scope of Paragraph 70 of Chapter XIV, all these things are clearly permissible. No limit to the “instructions” which may be given by the All-Russian Central Executive Committee is provided by the Constitution itself. It cannot be argued that the danger of evil practices occurring is an imaginary one merely; the concrete examples cited in the previous chapter show that the danger is a very real one.

In this connection it is important to note Paragraph 23 of Chapter V, Article VI, which reads as follows:

Being guided by the interests of the working-class as a whole, the Russian Socialist Federal Soviet Republic deprives all individuals and groups of rights which could be utilized by them to the detriment of the Socialist Revolution.

This means, apparently, that the Council of People’s Commissars can at any time disfranchise any individual or group or party which aims to overthrow their rule. This power has been used with tremendous effect on many occasions.

Was it this power which caused the Bolsheviki to withhold the electoral franchise from all members of the teaching profession in Petrograd, we wonder? According to Section 64 of Chapter XIII of the Soviet Constitution, the “right to vote and to be elected to the Soviets” belongs, first, to “all who have acquired the means of livelihood through labor that is productive and useful to society.” Teachers employed in the public schools and other educational institutions—especially those controlled by the state—would naturally be included in this category, without any question, one would suppose, especially in view of the manner in which the Bolsheviki have paraded their great passion for education and culture. Nevertheless, it seems to be a fact that, up to July, 1919, the teaching profession of Petrograd was excluded from representation in the Soviet. The following paragraph from the Izvestia of the Petrograd Soviet, dated July 3, 1919, can hardly be otherwise interpreted:

Teachers and other cultural-educational workers this year for the first time will be able, in an organized manner through their union, to take an active part in the work of the Petrograd Soviet of Deputies. This is the first and most difficult examination for the working intelligentsia of the above-named categories. Comrades and citizens, scholars, teachers, and other cultural workers, stand this test in a worthy manner!

Let us now turn our attention to those provisions of the Constitution of the Russian Socialist Federal Soviet Republic which concern the general political organization of the Soviet state. These are contained in Article III, Chapters VI to XII, inclusive, and are as follows:

Article III
Construction of the Soviet Power
A. Organization of the Central Power

Chapter VI
THE ALL-RUSSIAN CONGRESS OF SOVIETS OF WORKERS’, PEASANTS’, COSSACKS’, AND RED ARMY DEPUTIES

24. The All-Russian Congress of Soviets is the supreme power of the Russian Socialist Federal Soviet Republic.

25. The All-Russian Congress of Soviets is composed of representatives of urban Soviets (one delegate for 25,000 voters), and of representatives of the provincial (Gubernia) congresses of Soviets (one delegate for 125,000 inhabitants).

Note 1: In case the Provincial Congress is not called before the All-Russian Congress is convoked, delegates for the latter are sent directly from the County (Oyezd) Congress.

Note 2: In case the Regional (Oblast) Congress is convoked indirectly, previous to the convocation of the All-Russian Congress, delegates for the latter may be sent by the Regional Congress.

26. The All-Russian Congress is convoked by the All-Russian Central Executive Committee at least twice a year.

27. A special All-Russian Congress is convoked by the All-Russian Central Executive Committee upon its own initiative, or upon the request of local Soviets having not less than one-third of the entire population of the Republic.

28. The All-Russian Congress elects an All-Russian Central Executive Committee of not more than 200 members.

29. The All-Russian Central Executive Committee is entirely responsible to the All-Russian Congress of Soviets.

30. In the periods between the convocation of the Congresses, the All-Russian Central Executive Committee is the supreme power of the Republic.

Chapter VII
THE ALL-RUSSIAN CENTRAL EXECUTIVE COMMITTEE

31. The All-Russian Central Executive Committee is the supreme legislative, executive, and controlling organ of the Russian Socialist Federal Soviet Republic.

32. The All-Russian Central Executive Committee directs in a general way the activity of the Workers’ and Peasants’ Government and of all organs of the Soviet authority in the country, and it co-ordinates and regulates the operation of the Soviet Constitution and of the resolutions of the All-Russian Congresses and of the central organs of the Soviet power.

33. The All-Russian Central Executive Committee considers and enacts all measures and proposals introduced by the Soviet of People’s Commissars or by the various departments, and it also issues its own decrees and regulations.

34. The All-Russian Central Executive Committee convokes the All-Russian Congress of Soviets, at which time the Executive Committee reports on its activity and on general questions.

35. The All-Russian Central Executive Committee forms a Council of People’s Commissars for the purpose of general management of the affairs of the Russian Socialist Federal Soviet Republic, and it also forms departments (People’s Commissariats) for the purpose of conducting the various branches.

36. The members of the All-Russian Central Executive Committee work in the various departments (People’s Commissariats) or execute special orders of the All-Russian Central Executive Committee.

Chapter VIII
THE COUNCIL OF PEOPLE’S COMMISSARS

37. The Council of People’s Commissars is intrusted with the general management of the affairs of the Russian Socialist Federal Soviet Republic.

38. For the accomplishment of this task the Council of People’s Commissars issues decrees, resolutions, orders, and, in general, takes all steps necessary for the proper and rapid conduct of government affairs.

39. The Council of People’s Commissars notifies immediately the All-Russian Central Executive Committee of all its orders and resolutions.

40. The All-Russian Central Executive Committee has the right to revoke or suspend all orders and resolutions of the Council of People’s Commissars.

41. All orders and resolutions of the Council of People’s Commissars of great political significance are referred for consideration and final approval to the All-Russian Central Executive Committee.

Note: Measures requiring immediate execution may be enacted directly by the Council of People’s Commissars.

42. The members of the Council of People’s Commissars stand at the head of the various People’s Commissariats.

43. There are seventeen People’s Commissars: (a) Foreign Affairs, (b) Army, (c) Navy, (d) Interior, (e) Justice, (f) Labor, (g) Social Welfare, (h) Education, (i) Post and Telegraph, (j) National Affairs, (k) Finances, (l) Ways of Communication, (m) Agriculture, (n) Commerce and Industry, (o) National Supplies, (p) State Control, (q) Supreme Soviet of National Economy, (r) Public Health.

44. Every Commissar has a Collegium (Committee) of which he is the President, and the members of which are appointed by the Council of People’s Commissars.

45. A People’s Commissar has the individual right to decide on all questions under the jurisdiction of his Commissariat, and he is to report on his decision to the Collegium. If the Collegium does not agree with the Commissar on some decisions, the former may, without stopping the execution of the decision, complain of it to the executive members of the Council of People’s Commissars or to the All-Russian Central Executive Committee.

Individual members of the Collegium have this right also.

46. The Council of People’s Commissars is entirely responsible to the All-Russian Congress of Soviets and the All-Russian Central Executive Committee.

47. The People’s Commissars and the Collegia of the People’s Commissariats are entirely responsible to the Council of People’s Commissars and the All-Russian Central Executive Committee.

48. The title of People’s Commissar belongs only to the members of the Council of People’s Commissars, which is in charge of general affairs of the Russian Socialist Federal Soviet Republic, and it cannot be used by any other representative of the Soviet power, either central or local.

Chapter IX
AFFAIRS IN THE JURISDICTION OF THE ALL-RUSSIAN CONGRESS AND THE ALL-RUSSIAN CENTRAL EXECUTIVE COMMITTEE

49. The All-Russian Congress and the All-Russian Central Executive Committee deal with questions of state, such as:

(a) Ratification and amendment of the Constitution of the Russian Socialist Federal Soviet Republic.

(b) General direction of the entire interior and foreign policy of the Russian Socialist Federal Soviet Republic.

(c) Establishing and changing boundaries, also ceding territory belonging to the Russian Socialist Federal Soviet Republic.

(d) Establishing boundaries for regional Soviet unions belonging to the Russian Socialist Federal Soviet Republic, also settling disputes among them.

(e) Admission of new members to the Russian Socialist Federal Soviet Republic, and recognition of the secession of any parts of it.

(f) The general administrative division of the territory of the Russian Socialist Federal Soviet Republic and the approval of regional unions.

(g) Establishing and changing weights, measures, and money denominations in the Russian Socialist Federal Soviet Republic.

(h) Foreign relations, declaration of war, and ratification of peace treaties.

(i) Making loans, signing commercial treaties and financial agreements.

(j) Working out a basis and a general plan for the national economy and for its various branches in the Russian Socialist Federal Soviet Republic.

(k) Approval of the budget of the Russian Socialist Federal Soviet Republic.

(l) Levying taxes and establishing the duties of citizens to the state.

(m) Establishing the bases for the organization of armed forces.

(n) State legislation, judicial organization and procedure, civil and criminal legislation, etc.

(o) Appointment and dismissal of the individual People’s Commissars or the entire Council, also approval of the President of the Council of People’s Commissars.

(p) Granting and canceling Russian citizenship and fixing rights of foreigners.

(q) The right to declare individual and general amnesty.

50. Besides the above-mentioned questions, the All-Russian Congress and the All-Russian Central Executive Committee have charge of all other affairs which, according to their decision, require their attention.

51. The following questions are solely under the jurisdiction of the All-Russian Congress:

(a) Ratification and amendment of the fundamental principles of the Soviet Constitution.

(b) Ratification of peace treaties.

52. The decision of questions indicated in Paragraphs (c) and (h) of Section 49 may be made by the All-Russian Central Executive Committee only in case it is impossible to convoke the Congress.