I have always had somewhat of an automatic reverence for the US Constitution. Part of growing up here, at least for me, was being groomed to honor our heritage and champion it. I was generally taught that our country was special and superior to others. Of course, I never heard a teacher say this explicitly, but it was certainly the inference. A common claim touted is that "we are more free here in the United States because of our Constitution." This claim begs for a two-part rebuttal because it's actually two separate assertions. I aim to focus on the part about how our Constitution is to thank for our "abundance" of individual liberty.
The US Constitution was arguably unique at the time of it's inception, though the Magna Carta certainly came first and shares many similarities. As for the assertion that it was divinely inspired — it's actually a pretty common theme.
So what about some of these other countries that we are conditioned to fear? What about the Democratic People's Republic of Korea (aka North Korea)? What about China or "communist" Russia? They must not have their rights enumerated in and protected by a constitution, right?
Over the last several years I've found that in order to be more objective in general I've had to unlearn many things. It seems that so many of my core beliefs were tainted by egocentrism and nationalism. These are roadblocks to objective truth. Jumping over these roadblocks made me wonder: What do constitutions from other countries say? Well it turns out there are many similarities, but also some major differences. Here are some examples for the more prominent nations who seemingly contrast ours:
Freedom of speech, religion, press etc
| Nation | Section | Text |
|---|---|---|
| USA[1] | Amendment Ⅰ | Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances. |
| North Korea[2] | Article 67 | Citizens are guaranteed freedom of speech, of the press, of assembly, demonstration and association. The State shall guarantee conditions for the free activity of democratic political parties and social organizations. |
| Article 68 | Citizens have freedom of religious beliefs. This right is granted by approving the construction of religious buildings and the holding of religious ceremonies. No one may use religion as a pretext for drawing in foreign forces or for harming the State and social order. | |
| Article 69 | Citizens are entitled to submit complaints and petitions. Complaints and petitions shall be investigated and dealt with according to procedure and within the period fixed by law. | |
| China[3] | Article 35 | Citizens of the People's Republic of China enjoy freedom of speech, of the press, of assembly, of association, of procession and of demonstration. |
| Article 36 | Citizens of the People's Republic of China enjoy freedom of religious belief. No state organ, public organization or individual may compel citizens to believe in, or not to believe in, any religion; nor may they discriminate against citizens who believe in, or do not believe in, any religion. The state protects normal religious activities. No one may make use of religion to engage in activities that disrupt public order, impair the health of citizens or interfere with the educational system of the state. Religious bodies and religious affairs are not subject to any foreign domination. | |
| USSR[4] | Article 50 | In accordance with the interests of the people and in order to strengthen and develop the socialist system, citizens of the USSR are guaranteed freedom of speech, of the press, and of assembly, meetings, street processions and demonstrations. Exercise of these political freedoms is ensured by putting public buildings, streets and squares at the disposal of the working people and their organisations, by broad dissemination of information, and by the opportunity to use the press, television, and radio. |
| Article 52 | Citizens of the USSR are guaranteed freedom of conscience, that is, the right to profess or not to profess any religion, and to conduct religious worship or atheistic propaganda. Incitement of hostility or hatred on religious grounds is prohibited. In the USSR, the church is separated from the state, and the school from the church. |
Freedom from unlawful arrest, searches, etc
| Nation | Section | Text |
|---|---|---|
| USA[5] | Amendment Ⅳ | The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized. |
| Amendment Ⅴ | No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation. | |
| North Korea[6] | Article 79 | Citizens are guaranteed inviolability of the person and the home and privacy of correspondence. No citizens can be placed under control or be arrested nor can their homes be searched without a legal warrant. |
| China[7] | Article 37 | The freedom of person of citizens of the People's Republic of China is inviolable. No citizen may be arrested except with the approval or by decision of a people's procuratorate or by decision of a people's court, and arrests must be made by a public security organ. Unlawful deprivation or restriction of citizens' freedom of person by detention or other means is prohibited; and unlawful search of the person of citizens is prohibited. |
| Article 39 | The home of citizens of the People's Republic of China is inviolable. Unlawful search of, or intrusion into, a citizen's home is prohibited. | |
| Article 40 | The freedom and privacy of correspondence of citizens of the People's Republic of China are protected by law. No organization or individual may, on any ground, infringe upon the freedom and privacy of citizens' correspondence except in cases where, to meet the needs of state security or of investigation into criminal offenses, public security or procuratorial organs are permitted to censor correspondence in accordance with procedures prescribed by law. | |
| USSR[8] | Article 54 | Citizens of the USSR are guaranteed inviolability of the person. No one may be arrested except by a court decision or on the warrant of a procurator. |
| Article 55 | Citizens of the USSR are guaranteed inviolability of the home. No one may, without lawful grounds, enter a home against the will of those residing in it. | |
| Article 56 | The privacy of citizens, and of their correspondence, telephone conversations, and telegraphic communications is protected by law. |
In addition to the parallels between specific guaranteed individual rights it's interesting to note that many of the "communist" nations wrote extensively about imperialism. Their authors shared a common disdain for foreign governments who had tried to interfere with their culture and/or geographic bounds.
These are just a few examples of provisions that are similar to those found in our Constitution. The most obvious difference is in the lack of our second amendment elsewhere. Perhaps that truly is the "right that secures them all." Or maybe Constitutions are just dirty paper. Your rights don't come from documents, no matter how many politicians worked on them. It doesn't matter how many people voted on them. It doesn't matter how much public support they had, nor how well intended the idea was. Government, in any form, is the opposing force of individual liberty. If you don't assert and use your natural rights you will lose them.
The truth is the US Constitution is not all that special. It does not have some mystical power that helps us maintain freedom. It's very similar to many others, even the ones underlying nations that are regularly demonized here. Nations like the DPRK and USSR that immortalize communism. At the end of the day government does not care about your rights or your constitution.
Attribution
Most of the text used was sourced from the Constitute Project. This is an amazing tool for comparing hundreds of constitutions from around the world. They are downloadable, searchable, and the chronology of amendments are documented. The website also provides the ability to compare two constitutions side-by-side.