Any argument that the 1947 Constitution vests Taiwan's sovereignty in the people of China must logically require first that the 1947 Constitution continues to have any applicability in China at all. But in 1947, the Chinese Communists declared they "will determinedly not recognize…as legal and valid" either the "Chiang Kai-shek Constitution" or the "Chiang Kai-shek National Assembly." Since then, the People's Republic has had five separate constitutions of its own, all of which in turn superceded the 1947 Constitution. The argument also presumes – mistakenly – that Taiwan's people, as a part of the broader family of citizens of China, had some participation in the framing of the document or enjoyed its benefits. The reality is that Taiwan's Chinese overlords prevented Taiwanese from voting for the very National Assembly representatives who would have provided Taiwan's citizens with a voice in the framing of the Constitution. As such, the history of the 1947 ROC Constitution suggests instead that Taiwan's people are not bound by a constitution that emerged in China without their participation or approval, and the theoretical beneficence of which they did not enjoy.The argument seems sound as far as it goes. But it's irrelevant. The only legitimacy the Communist Party sees is becoming what Tkacik would probably call the "overlord" of Taiwan. And what would anyone be willing to do about it?
Friday, October 29
Commie overlords
In History's Implications For Taiwan's Constitution, John Tkacik argues,
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