richardmurray

TO THE FIRST HAITIAN CONSTITUTION

Interesting points,

• it starts with the term supreme being which is a term not meant to be solely for christianity, and it also starts with a Black proclamation concerning the black communities relationship to whites overall.
• It defines haiti as made from the people of former santo domingo and is independent of any power in the universe , beyond earth itself, which is interesting. 
• whereas the usa needed a 13th amendemtn to its constitution, slavery is abolished as the second act after the creation of haiti itself. so from a mere legal priority perspective, , the first black american- canada to argentina , legal document makes ending slavery the second most important aspect after the state itself. i find that legally interesting from a historical point of view, because outside haiti, all other governments in the american continent- canada to argentina, needed amendments of proclamations long after their formation. It proves that at least centuries ago the legal view of blacks was fundamentally varied from whites in terms of what is important.
• the third article suggest a socialism or communism, but also a complication. The only ranks that can differ people in haiti are "services to independence or liberty" which means in my mind , the concept of elected officials is deleted. A president can not exist because a president isn't a soldier to the services of independence or liberty. Soldiers or civilians are the only two classes which explains how haiti being surrounded by non black countries who have a financial gentry class + elected official clans who are not for independence or freedom but financial advantage or power accumulation to be a class above dont fit. 
• The sixth clause, no retroactive nature is another note. In the usa, the usa constitution speaks of the constitution being malleable and even potentially invalid in the future but the haiti constitution speaks of it not being applicable to the past which means criminal acts during the freeing of black people by black freedom fighters are acceptable. 
• PRoperty is deemed sacred. It is interesting Blacks relationship to ownership. White people view ownership as part of the market place but the haitian constitution almost treats owning property as a right to be protected once earned equivalent to the right of free speech.  The placement of this and its existence is so different to other initial legal documents . 
• Haiti is an anti immigration country. The seventh clause essentially states a haitian immigrting is punishable by death. That is very different from the legal norms outside haiti, which explains haiti's relationship to its neighbors but like the chinese communist constitution's particular differences based on their history of being satraped by usa/japan/western europe. By this initial constituton every single person who left haiti to become usa citizens or citizens of france are no longer haitian. 
• Black members of the party of lincoln will love the eight article, it states that financial failure means one losses their quality as a citizen, an interesting article. It essentially says no one can fail. In the usa, a firm can be too big too fail but by this constitution, financial activity must lead to at least break even. It never suggest one must make a profit but one musn't fail. 
• The ninth clause proves what Haiti really is. Haiti is a militaristic society. I don't mean war mongering. By the ninth clause every single person in haiti should be a member of the military by law, it isn't said outright but it is implied. 
• Tenth interesting how so many articles in the haitian constitution deal with ownership or the role of the haitian military as synonymous to the haitian people, it explains how the outside influences of haiti could only hurt because in the usa/brasil/western europe the idea of the marketeer is strong but doesn't fit where the original haitian constitution was going. So many haitians didn't own anything outside of land and they coudn't disinherit children by law. I don wonder where the tenth clause can be used in terms of shifting inheritance. 
• Twelve states what i have always said is a big difference. the haitian constitution admits phenotypical race and more importantly denies whites the opportunity or right to own anything of haiti. Which means any firm with a white investor or shareholder by this constitution has no right to own anything in haiti. When i think of clause twelve and i think of how black people outside of haiti are denied the ability to own anything absent white presence as a investor it is very telling. 
• thirteen exposes something I didn't consider was clearly more important during jean jacques time in haiti and that is of white women who were allowed to own land essentially in haiit where they would not outside of it. It also shows how haiti's minority of mulattoes from the time of jean jacques existed as an  anomaly populace.
• The haitian constitution basically goes against the casta concept and calls all children of black people regardless of shade as black from a fredi washington/devil in the blue dress to satchmo/hariet tubman skin tone. 
• I have to say administratively i found the fifteenth, sixteenth, and seventeenth articles interesting. First, the haitian constitution made ceding illegal initially, whereas the usa needed the war between the states. and it makes legal sense based on the earlier article about immigrations illegality. But haiti was an empire because by said articles, haiti was split into six divisions, which had a general that was independent from the other. so jean jacques dessalines, while he was emperor ,literally allowed the six generals under him to have their own suzerainty as a general of division, with a liaison in a general in chief to him. So it explains one of the problems. where most history books suggest haiti split up with petion and henry christophe, the truth is, the emperor role was always going to be weak when you have six divisions each with their own independent governor, they needed the emperor to have one division. 
• The first magistrate role is not emphasized later but I wonder their thinking with it. the first magistrate isn't defined how this person is elected or comes to power, it seems to be through military means but it is unclear and thus what happened when dessalines died. 
• twenty three says the crown is elected not hereditary , which is funny cause in many history books outside haiti they suggest hereditary lineage. 
• twenty eight suggest a code of conduct while the earlier provisions provide a financial salary to the emperors family, it is interesting how they make a code of conduct mandatory
• No religion is predominant which is interesting, the larger black american community has always had problems accepting what faith beliefs should dominate and tend to allow all which is complicated because some beliefs come from the enslaver. . 

When I look at haiti today the reality is, it is a country that has never left the military structure first suggested by the first constitution. the problem is, the usa's meddling led to a constitution that tries to turn a community made by enslaved people who only had space for soldiers and an extended soldier society into one with marketeers and various ranks that don't fir the simpler paradigm. and the existence of the government elected class, the intelligista raised in foreign colleges has only complicated the country. All governments are the same in on eway, they are created by the conditions of the people who made them initially and usualy don't change their essence even if they make facade changes. 

Haiti Constitution

ARTICLE TITLE Haiti, Constitutions

ARTICLE BODY
Haiti has had about twenty constitutions, both real and nominal, many illustrating the apt creole proverb: "A constitution is paper; a bayonet is steel." A common characteristic of most of them has been a strong president and a weak legislature.

The first constitution, Autonomy and Independence (Toussaint, 1801), written ten years after independence from France, gave France suzerainty and provided for forced labor. The second (Dessalines, 1805) abolished slavery "forever," separated church and state, applied the word "black" to all Haitians, and prohibited foreign ownership of land. The third (Pétion's first, 1806) is modeled after that of the United States. The fourth (Christophe, 1811) created a nobility. The fifth (Pétion's second, 1816) granted the president his office for life. The sixth (Riché, 1846) empowered the joint chambers to elect the president. The seventh (Domingue, 1874) concentrated all power in the presidency. That of 1889 (Hyppolite) revised the previous constitution of 1879 (Salomon) and served as the basis of government until the U.S. occupation.

The Constitution of 1918, written during the U.S. occupation by Assistant Navy Secretary Franklin D. Roosevelt, cancelled the prohibition of foreign ownership of land and added individual democratic rights. The eleventh constitution (1927) increased the powers of the president, as did that of 1932 (Vincent).

The constitutions of the postoccupation and Duvalier era were the thirteenth (Magloire, 1950), a liberal one written by the scholar-diplomat Dantès Bellegarde that provided for female suffrage beginning in 1957, and the fourteenth (Duvalier, 1957), which increased the powers of the president and excluded foreigners from retail trade. Duvalier's second constitution (1961) reduced the legislature to one chamber and increased the powers of the president. Duvalier's third, which was the sixteenth constitution, made Duvalier president for life, authorized him to choose his successor, and changed the flag's colors.

"Baby Doc" Duvalier's first constitution, the seventeenth (1983), combined a set of progressive social goals with new presidential powers of appointment and new power over the legislature. Baby Doc's second (1985) provided the legislature with new powers, created the position of prime minister, and permitted political parties (a public-relations response to U.S. pressure, approved by a fraudulent referendum).

The first constitution of the post-Duvalier era, that of 1987, restored the two-chamber legislature, reduced the powers of the president by dividing the executive authority between president and prime minister, created a permanent electoral council, removed the new force publique from direct control of the president and minister of the interior, prohibited for ten years the participation in government of "any person well known for having been … one of the architects of the dictatorship and of its maintenance during the last twenty-nine years," provided many basic human rights, recognized Creole (Kreyol) as the national language, legalized vodun, and recognized no state religion. It was approved by a free and popular referendum.

President Leslie François Manigat was removed by General Henri Namphy, who became president, dissolved the legislature, and abolished all constitutions. Namphy in turn was removed by General Prosper Avril, who restored the nineteenth constitution, except for thirty-eight articles.

General Avril was forced out in 1989 and he was replaced by supreme court judge Ertha Pascal-trouillot, who became provisional president in 1990 under article 149 of the constitution. (This article provides that if the office of president is vacant, the chief justice or a member will become acting president until elections are held.) In free elections, Jean-Bertrand Aristide, a leftist priest, was elected president; he was inaugurated in February 1991. While president, Aristide took advantage of article 295 of the constitution, which authorized him for a six-month period "to proceed to carry out any reforms deemed necessary in the Government Administration … and in the Judiciary." He gave some provocative speeches threatening the elite "bourgeoisie" and the military; the latter overthrew him in late September. The Organization of American States (OAS) responded by approving economic sanctions against the military government of General Raoul Cédras to bring about Aristide's restoration. The United Nations joined the OAS in 1993 and joint efforts were made to negotiate a settlement. An accord was reached in July, providing for the selection of a prime minister (Robert Malval), lifting of sanctions, political amnesty, and Aristide's return. The accord could not be implemented once the military reneged although sanctions were strengthened. In June 1994, the military government, acting under article 149, inaugurated Supreme Court Chief Justice Émile Jonassaint as provisional president. President Aristide was restored to power in late 1994.

ARTICLE URL
https://www.encyclopedia.com/humanities/encyclopedias-almanacs-transcripts-and-maps/haiti-constitutions#: