Real constitution and formal “Constitution”: reality and falsification (IV)
IV – Real constitution and formal “Constitution”: reality and falsification
Iñaki Aginaga and Felipe Campo
“Ever since, the most diverse political groups have all had the physical violence as the normal means of power.” “The political units, the constitutional régimes have all their origin in violence.” “Without war there would not be State.” “All States that we know about have been born of war.” “The State is a pure product of force.” “There is no State that has been created or is maintained without the use of force.” “All the power of the State is based on the force of weapons.” Without “those same guns which, according to [Ferdinand] Lassalle, constitute the most important integral part of the constitution”, its domination is nothing. (Quoted by L. Trotsky; Dictatorship vs Democracy’, 1920.)
“Nowadays, the relation between the State and violence is an especialy intimate one.” “The genuine sovereignty is defined by the right to an effective recourse to weapons.” “It only is truly sovereign, it only is truly State, the powerful State,” qualified by “the number, the territory and the resources”.
The State “can only be defined sociologically in terms of the specific means that is peculiar to it, as to every political association, namely: the use of physical violence. ‘Every State is founded on force’, said Trotsky at Brest-Litovsk. That is indeed right. If no social institutions existed which knew the use of violence, then the concept of ‘State’ would be eliminated, and a condition would emerge that could be designated as ‘anarchy’, in the specific sense of this word.” “The State is original and necessary, it will continue to exist as long as there is history, and is as essential as language”.
All imperialistic States are constituted by criminal Violence and war of aggression, by armed reprisals and Terrorism; which does elicit the legitimate self-defence – either collective or individual – against them. Nevertheless, after having imposed this real and primary constitution by means of weapons and the criminal Violence and Terror of the conquest upon the subjugated Peoples and their legitimate States or Territories, the “New Régimes” of French and Spanish imperialism did proclaim their formal and secondary “Constitutions” – colonialist and nationalist – falsifying the real history and society, and replacing them with an idealistic, mythological, mystical, constructivist and retro-activated production of a respective model of a transcendent and absolute “nation”, in which the subjugated Peoples and their pre-existing States were completely denied and swept away.
Once the French-Spanish “New Régime” was established, various sophistries and paralogisms: necessarily based on elaborate fictions, fallacies and ideological manipulations and falsifications by “begging the question” (petitio principii) (namely: “will of the people, human rights, rule of law, universal suffrage, social contract, nation, democracy” etc.), were invoked in the formal “Constitutions” of France and of Spain as new titles of “legitimacy”; in order both to conceal the continuity of their criminal imperialistic acquisitions through war of aggression, despotism, totalitarianism and imperialistic Nationalism against the subjugated Peoples and States which the “Ancien Régime” had been constituted upon, as well as to hide the original and incurable illegitimacy of both régimes. In the face of all this, the State historically constituted around the Crown of Pamplona remains the sole State of the Basque People, which has never accepted or recognized any other.
Indeed, against the principles held by the “classical” doctrine of “international law” of the European imperialism, according to the Peoples’ International Law recognized – not constituted – by the United Nations (UN) “no law can arise from an illicit act”
“No territorial acquisition resulting from the threat or use of force shall be recognized as legal”. [UNGAR 2625 (1970)]
However, the ideologists of the French-Spanish imperialistic Nationalism, and especially those of the Second Francoism, as if it wasn’t enough with the concealment of these crimes on which the construction of the imperialistic States of “Frankespain” is based, do next spread a falsified idea of their régimes; and try to make the Peoples – or a good part of them – believe that their current imperialistic and fascist power established on our Country is, in reality, a “legal” régime constituted upon elections, voting, consultations, laws etc.
The official propaganda thus distorts the reality and the historical and social foundation of the current de facto régime. A necessary distortion, in order to make believe in the legitimacy of the political system that the modern fascist shamelessness presents as “democratic, peaceful and non-violent, and founded on coexistence, freedom and human rights; on the will of people, the constituent pact and the constitutional legal State; on the rule of law, the pluralism, the universal suffrage and the majority: the régime that we’ve given ourselves between us all through tolerance, negotiation, consensus, dialogue and God’s love” etc.
Nevertheless, one “doesn’t need to be very sharp-eyed or having read Rousseau” to know that any attempt to “found” State and Law on the vote, elections, the majority, the law etc. is already theoretically absurd. A State with such “foundations” has never existed nor will ever exist, neither here nor anywhere, because what is formally absurd cannot exist. It is as impossible as a four-sided triangle. It takes a person with radically crossed wires by the dominant propaganda, and with the vision hampered by the fascist blinders, to not realize this. The necessity to repeat this in this Country and in the 21stcentury, shows that the imperialist propaganda has achieved results that exceed all its hopes. This is how the numerous followers or victims of the dominant ideology: subjects clinically certified as sound in body and mind and therefore as juridically liable under the law, see no problem in adopting and enunciating such insanities. But they do ideologically serve for the destruction of reason by imperialism and fascism.
States in general – and imperialistic States in particular – are not, it must be repeated endlessly, a “natural assumption” of policy, just as mountains and rivers are so of geography; quite on the contrary, States are the product and part of the inter-national political conflicts. As a general rule, States are preceded and constituted by policy, i.e.: by violence in general and by war in particular, as established in each case through the rapport of forces in presence and their strategic modification; yet, this is especially and above all aggravated in the imperialistic States, necessarily constituted by the criminal Violence that the imperialistic Nations and their States exercise for the domination of other Peoples or Nations and their States, in what is a class struggle at an inter-national level. These imperialistic States are not “neutral” organizations that establish “rules of political coexistence, equal for all”. They are not “playing fields” with their limits and rules, where the teams/political parties decide the result while the “spectators applaud from the stands”, as Ibarretxe says.
An imperialistic State is a political-military structure imposed on other Peoples and States through armed aggression, war, military occupation and annexation; which entails the violation of fundamental human rights and therefore imprescriptible crimes of war, crimes against peace and crimes against humanity. This is its authentic real and primary constitution, which does precede and “constitute” the subsequent formal and printed declaration called “Constitution”, that’s to say: the formal and secondary Constitution; which in its turn aims to mask, sublimate and transcend ideologically the real and primary constitution: both in its genesis and in its nature.
It is therefore the general rapport of the constituent and constitutive forces, and their fundamental political decisions, that is: those imposed through criminal Violence, which – after having established the primary and real constitution – do in an imperialistic and totalitarian State determine the “law”, the secondary and formal “Constitution”, and the actions and decisions of the legislative and State bodies. So, the fundamental “match” is played before or outside the “pitch/formal Constitution”; and the derived matches are won by he who thus has established the field and rules, determined the contenders, and chosen the weapons. Only the exact appreciation of the general structure of forces allows the correct interpretation of the legal data and their electoral and legislative vicissitudes;without it, all is but confusion and domination under the factors of the established real power.
Certainly, all despotism makes sure for itself (sometimes through centuries of wars, occupation, exclusion and colonization of Peoples, and by means of plantation and transplantation of populations) the monopolies of Violence, information, acculturation, indoctrination and permanent ideological intoxication of those Peoples: all this done during generations and from early childhood to adulthood; as well as the administrative control of the production and distribution of resources. Starting from there, the modern imperialism and fascism call for “elections” according to their ideological and political needs. In an imperialist and fascist régime, the “elections” are won by the established power that organizes them (the “rules of the game” are established for that and are changed whenever necessary), the voters are those who the monopolies of fascist Violence and propaganda decide them to vote (for that purpose borders and voters within them have been previously establishedthrough military occupation and genocide),and it is voted what that previously established power wants it to be voted, when, in the way and where it wants it to be voted.
Instead, in a democratic process and organization of society “we must always go back to a first convention”: “The act whereby one people becomes a people is the true foundation of society. [...]. For, indeed, if there be no prior convention, whence arises (unless the election were unanimous) the obligation of the smaller number to submit to the choice of the greater one? And whence comes it that one hundred persons, for instance, who might desire to have a master, had a right to decide for ten others who might desire to have none? The choice by a plurality of votes is in itself an establishment of convention, and implies that unanimity must at least for once have subsisted among them.” (J. J. Rousseau.)
This convention is therefore based on “a prior essential assumption, which is the substantial homogeneity of all its members that results in a concrete, factual coincidence”. When this coincidence does not exist: “when the disagreement is about the basic institutions”, in a conflictual system among heterogeneous antagonists and irreducible forces “which struggle even for total independence”: as it is the case with the National-imperialist domination of a predatory people over a subjugated People, the only alternative is dictatorship or independence.
It is necessary to stress – although its evidence should make it unnecessary – that there is nothing less universal than the so-called “universal suffrage”, nor anything more ambiguous and distorted than the universality of the suffrage. The patent grandiloquence and ambiguity of those terms serves to hide that the “universality” of the suffrage in question excludes the vast majority of humankind. Indeed, votes, majorities and minorities do previouslysuppose a State and a political power already established in a territory with pre-determined human and territorial borders, which delimit the population to which such procedures reach; which do perforce exclude all the others. There are no political majorities or minorities without the political régime that does precede and constitute them; a régime that, in the case of imperialism, does not come from votes, elections or voters but from an insurmountable and criminal initial constitutive Violence, responsible for imprescriptible crimes and for the violation of inalienable rights, and that therefore is unlawful and null and void.
A political or “juridical” system, whatever its feature may be, is never founded – neither logically nor sociologically – upon electoral results or other forms of suffrage. Actually, the purported “universal” suffrage is a derivative, secondary and belated procedure of a political régime that has already been previously constituted, and that, therefore, in no way can found or legitimize such a régime. “Pacts, Constitutions, elections, majorities, consensus, referendum, law” etc. do previously imply the State, whatever its nature may be: either democratic or imperialistic-totalitarian. Therefore, such subsequent mechanisms cannot found the State – nor eventually the democracy – but by begging the question (petitio principii), i.e.: on a forgery. The “theory” of the foundation and legitimation of a State and its “rule of law” through “the Constitution, the universal suffrage and its majority” is a complete theoretical emptiness, it means absolutely nothing: it is pure ideological verbiage to manipulate the fools and defenceless people that the imperial-totalitarian régime does lavishly produce at a mass range.
Whether it be democratic or not, they are not the votes, the elections, the majorities or the minorities that do found the political power; it is the political power: in use of its monopoly of violence (exercised either in defence of fundamental human rights, in which case it is legitimate and democratic; or, on the contrary, in violation of those rights, in which case it is criminal and totalitarian), that does found, produce, determine, condition, regulate and decide the voters, elections, majorities and minorities; that does include and exclude voters, candidates and alternatives; and that does also decide on the consequences, which, in an imperialistic régime of military occupation such as the one that keeps the Basque People and its State, the Kingdom of Nabarre, subjugated for at least eight centuries, they are the ones that we have in sight.
In particular, under the régime of an imperialistic State, the criminal Violence, armies, plunder and repression, that is: its real and primary constitution, do already exist before the “elections” and the formal and secondary “Constitutions”, and do continue to wield real power afterwards. The ideologists of imperialism and fascism invoke “the moral and juridical norms, the Constitution and the rule of law”; but they do hide that those “norms” and political structures they endeavour to legalize have been constituted through criminal Violence, war, crimes and Terrorism for we the rest to suffer, by previously denying and destroying for this purpose the democratic and preceding States, institutions and norms, own of the subjugated and colonized Peoples. This is the way they have acquired and retained the power that next allows them to judge and decide the good from the bad, and to impose upon the rest of us “the moral and juridical norms” that suit them. The “elections and referendum” – even though when called of “self-determination” – under an imperialistic and fascist régime of military occupation are, bedsides other things, a bad joke.
(Incidentally: the nonsensical formulation of the preambles and premises of the significantly abundant historical Constitutions of French-Spanish “modern” imperialism is not only attributable to intellectual and formal deficiencies in conception, elaboration or writing but, above all, to the objective conditions and goals to which the parents of the offspring had to confine themselves, in order to conceal the pre-existing criminal and imperialistic reality of the real constitutions.)
Defeated throughout the nineteenth century the successive uprisings and insurrections of the Basque People against the totalitarian imposition that thpse formal “Constitutions” sought to legitimize, and after the disaster brought about by the invasion of the Country by the Spanish “liberal” imperialistic Nationalism (supported by the Anglo-French-Portuguese conspiracy), the constitution – a century later – of the “de facto Government of Euzkadi” meant the construction of the basic structures of a State in circumstances of tragic war confrontation in full ascension and aggression of Fascism; and above inadequacies or errors, it marked the continuity in a permanent strategic line of national and State claim which the Basque People has never renounced to. Its crushing under some of the first terrorist air raids and bombings of history against civil and urban population; its criminal liquidation by means of genocide: with massive murders of our most qualified, vigorous and combative social layers, was achieved by invoking again the “right of conquest” and was blessed again as a Crusade by the hierarchy of the Spanish and fascist National-Catholicism; facts that were painfully illustrative of the constant and hateful illegitimate nature of the Spanish rule, formed and imposed once more upon our People and State by means of crimes and Terrorism. It is its real and usual constitution.
Against all this, “the act whereby a People is a People is the true foundation of society”. It is therefore necessary to stress without any misunderstanding that, against the propensity of States to subsume the Peoples, and the tendency of Governments to deputize for the States, the recognition of the international right of self-determination of all Peoples by the UN implies and recognizes a fundamental and undeniable fact: that the Peoples do politically precede and legally constitute the States and Governments. Our People is the Basque People: holder of the international and indefeasible right of self-determination or independence; and our State is the confederation of Vasconic republics, dukedoms and lordships, freely gathered around the Kingdom of Nabarre.
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