At the time, he spoke specifically about the desire of the state’s legislators to engage in the “insanity” of leaving the United States. Little did he or his contemporaries know that the Palmetto State would find such insanity taking many forms in the 150 years since.

The latest example is the state’s brand new law against “subversive organizations.”

The Subversive Activities Registration Act, passed in 2009 and now in effect, requires “every corporation, society, association, camp, group, bund, political party, assembly, body or organization, composed of two or more persons, which directly or indirectly advocates, advises, teaches or practices the duty, necessity or propriety of controlling, conducting, seizing or overthrowing the government of the United States, of this State or of any political subdivision thereof by force or violence or other unlawful means” to register with the South Carolina Secretary of State, or face a fine of up to $25,000
and/or imprisonment up to 10 years.

At least, that’s the theory of what this new law, billed as “anti-terrorist” legislation, is supposed to do. But the reality of what this law can and cannot do is quite different.

For starters, there is the matter of enforcement. While the Subversive Activities Registration Act is included in the state’s law enforcement code, there is no enforcement provision included in the Act itself. It is listed neither as a felony nor a misdemeanor, which means charges cannot be properly filed.

Secondly, the only executive body with any jurisdiction over the Act is the Secretary of State, who “may adopt and promulgate any rules and regulations ... which may be necessary to carry out the provisions of this chapter.” Given what the Secretary of State can and cannot do according to the state’s constitution, those “rules and regulations” are limited to forms and other red tape.

Third, there is no provision for determining how someone who does register can prove this to a court or law enforcement. While the Secretary of State has provided a form to fill out for registration, complete with a section where you can “outline the fundamental beliefs” of your subversive organization for the State of South Carolina, there is no way to prove after the fact that someone has complied with the new law.

Of course, that’s the point. This law is meant to be used to harass and intimidate those who dissent and disagree with the policies, agenda and even existence of American capitalism, and lump them in with alleged “terrorists” in the eyes of “public opinion.”

The fact is that this law will never be used against alleged “terrorists.” Rather, it will be used against organizations like ours, which have supporters in the state, to stop us from organizing against capitalism and capitalist rule, and for a working people’s republic.

And it won’t matter if we advocate a peaceful and non-violent path to workers’ power — a non-violent revolutionary approach to defeating capitalism. It will nevertheless be used against us if we decide to work openly on the basis of our program.

At the same time, it is clear that the real terrorist threats — the Ku Klux Klan, League of the South, Tea Party Nativists, etc. — will be exempted from the Act as “patriotic organizations, societies or associations.”

In a state where belief in a “supreme being” is a requirement to hold public office, only religious-approved unions of a man and woman are recognized, and a literacy test is constitutionally mandated to receive the right to vote, should it be any surprise that legislation such as this should be adopted?

South Carolina, a “non-denominational” theocracy ruled by rightwing politicians only one generation removed from being a political arm of the fascist KKK, has once again proven James Petigru correct. Sadly, our work to change that situation now requires more of a clandestine approach.