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Confederate Constitution
Confederate Constitution
The Civil War that followed, in which the armies of the Confederacy fought the
armies of the remaining United States, is one of the seminial events of American
history. But why was the Civil War even fought in the first place? Hecj, why did
the Confederacy even exist?
We can get a good glimpse into the founding principles of the Confederacy by
taking an in-depth look at the Confederate constitution, which was approved, and
came into use by the rebel states on March 11, 1861. The document is largely a
word-for-word copy of the United States constitution, but with several key
changes. The changes offer the clearest window of insight into how precisely the
CSA intended to be different from the USA, and why.
THE CHANGES
Before we get into a line-by-line comparison, I should point out the minor, mostly
cosmetic changes that occurred during the revision process:
And now the chart. Note that in the CSA column red text indicates new additions
to original US clauses.
The Confederacy's
preamble more-or-less
deleted any reference to
We, the people of the collective interests,
Confederate States, each presumably because it
We the People of the
State acting in its ostensibly intended to be a
United States, in Order to
sovereign and independent country focused more on
form a more perfect
character, in order to form state independence than
Union, establish Justice,
a permanent federal any sort of grander,
insure domestic
government, establish national goal. The CSA
Tranquility, provide for
justice, insure domestic does not promise to form a
the common defence,
tranquillity, and secure the "perfect union" nor does it
promote the general
blessings of liberty to aspire to provide for the
Welfare, and secure the
ourselves and our "common defense" or
Blessings of Liberty to
posterity — invoking the promote the "general
ourselves and our
favor and guidance of welfare."
Posterity, do ordain and
Almighty God — do
establish this Constitution
ordain and establish this It does, however, explicitly
for the United States of
Constitution for the evoke God. So there would
America.
Confederate States of be no ACLU court
America. challenges about the
Pledge of Allegiance in
alternate CSA-won-the-
Civl-War-world.
ARTICLE. I.
Section. 1. [legislative
Sec. 1. [legislative branch]
branch]
No Person shall be a
(3) No person shall be a
Senator who shall not
Senator who shall not
have attained to the Age
have attained the age of
of thirty Years, and been Again, the CSA is too
thirty years, and be a
nine Years a Citizen of the young to demand nine
citizen of the Confederate
United States, and who years of citizenship from its
States; and who shall not,
shall not, when elected, be senators.
then elected, be an
an Inhabitant of that State
inhabitant of the State for
for which he shall be
which he shall be chosen.
chosen.
The Senate shall have the (6) The Senate shall have No changes.
sole Power to try all the sole power to try all
Impeachments. When impeachments. When
sitting for that Purpose, sitting for that purpose,
they shall be on Oath or they shall be on oath or
Affirmation. When the affirmation. When the
President of the United President of the
States is tried, the Chief Confederate States is
Justice shall preside: And tried, the Chief Justice
no Person shall be shall preside; and no
convicted without the person shall be convicted
Concurrence of two thirds without the concurrence of
of the Members present. two-thirds of the members
present.
Judgment in Cases of
(7) Judgment in cases of
Impeachment shall not
impeachment shall not
extend further than to
extend further than to
removal from Office, and
removal from office, and
disqualification to hold
disqualification to hold
and enjoy any Office of
any office of honor, trust,
honor, Trust or Profit
or profit under the No changes.
under the United States:
Confederate States; but
but the Party convicted
the party convicted shall,
shall nevertheless be liable
nevertheless, be liable and
and subject to Indictment,
subject to indictment, trial,
Trial, Judgment and
judgment, and punishment
Punishment, according to
according to law.
Law.
Section. 4. Sect. 4.
Section. 5. Sect. 5.
Section. 6. Sect. 6.
No changes.
To promote the Progress (8) To promote the
of Science and useful progress of science and
Arts, by securing for useful arts, by securing for
limited Times to Authors limited times to authors
and Inventors the and inventors the
exclusive Right to their exclusive right to their
respective Writings and respective writings and
Discoveries; discoveries.
Section. 9. Sect. 9.
No changes. Though
The Privilege of the Writ Confederate apologists
(3) The privilege of the
of Habeas Corpus shall often bemoan the fact that
writ of habeas corpus shall
not be suspended, unless the Yankee tyrant Lincoln
not be suspended, unless
when in Cases of suspended habeus corpus,
when in cases of rebellion
Rebellion or Invasion the there was nothing to stop
or invasion the public
public Safety may require the President of the
safety may require it.
it. Confederacy from doing
the exact same thing.
No Bill of Attainder or ex (4) No bill of attainder, ex The most important clause
post facto Law shall be post facto law, or law in the entire CSA
passed. denying or impairing the constitution: the right to
right of property in negro own slaves.
slaves shall be passed.
No Preference shall be
given by any Regulation The CSA ditches the last
of Commerce or Revenue (7) No preference shall be sentence of the American
to the Ports of one State given by any regulation of clause, thus giving its
over those of another; nor commerce or revenue to states the power to tax
shall Vessels bound to, or the ports of one State over domestic ships who enter
from, one State, be those of another. their ports. The reason?
obliged to enter, clear, or See above.
pay Duties in another.
[Amendment III]
(14) No soldier shall, in
No Soldier shall, in time
time of peace, be
of peace be quartered in
quartered in any house
any house, without the
without the consent of the No changes.
consent of the Owner, nor
owner; nor in time of war,
in time of war, but in a
but in a manner to be
manner to be prescribed
prescribed by law.
by law.
No changes.
[Amendment IV] (15) The right of the
The right of the people to people to be secure in
be secure in their persons, their persons, houses,
houses, papers, and papers, and effects,
effects, against against unreasonable
unreasonable searches and searches and seizures,
seizures, shall not be shall not be violated; and
violated, and no Warrants no warrants shall issue but
shall issue, but upon upon probable cause,
probable cause, supported supported by oath or
by Oath or affirmation, affirmation, and
and particularly describing particularly describing the
the place to be searched, place to be searched and
and the persons or things the persons or things to be
to be seized. seized.
[Amendment VII]
(18) In suits at common
In Suits at common law,
law, where the value in
where the value in
controversy shall exceed
controversy shall exceed
twenty dollars, the right of
twenty dollars, the right of
trial by jury shall be
trial by jury shall be
preserved; and no fact so
preserved, and no fact No changes.
tried by a jury shall be
tried by a jury, shall be
otherwise reexamined in
otherwise re-examined in
any court of the
any Court of the United
Confederacy, than
States, than according to
according to the rules of
the rules of the common
common law.
law.
[Amendment VIII]
(19) Excessive bail shall
Excessive bail shall not be
not be required, nor
required, nor excessive
excessive fines imposed, No changes.
fines imposed, nor cruel
nor cruel and unusual
and unusual punishments
punishments inflicted.
inflicted.
ARTICLE. II.
Section. 1. Section. 1.
Section. 2. Sec. 2.
Section. 3. Sec. 3.
He shall from time to time (1) The President shall, The Confederates were
give to the Congress from time to time, give to kind enough to clarify as to
Information of the State of the Congress information who this mysterious "he" is.
the Union, and of the state of the
recommend to their Confederacy, and
Consideration such recommend to their
Measures as he shall judge consideration such
necessary and expedient; measures as he shall judge
he may, on extraordinary necessary and expedient;
Occasions, convene both he may, on extraordinary
Houses, or either of them, occasions, convene both
and in Case of Houses, or either of them;
Disagreement between and in case of
them, with Respect to the disagreement between
Time of Adjournment, he them, with respect to the
may adjourn them to such time of adjournment, he
Time as he shall think may adjourn them to such
proper; he shall receive time as he shall think
Ambassadors and other proper; he shall receive
public Ministers; he shall ambassadors and other
take Care that the Laws be public ministers; he shall
faithfully executed, and take care that the laws be
shall Commission all the faithfully executed, and
Officers of the United shall commission all the
States. officers of the Confederate
States.
Section. 4. Sec. 4.
ARTICLE. III.
Section. 1. Sect. 1.
Section. 2. Sect. 2.
The judicial Power shall section are based on the
extend to all Cases, in 11th Amendment to the US
Law and Equity, arising constitution, which
under this Constitution, enhanced the so-called
the Laws of the United "sovereign immunity"
States, and Treaties made, protection of states from
or which shall be made, (1) The judicial power federal lawsuits launched
under their Authority;--to shall extend to all cases by non-residents.
all Cases affecting arising under this
Ambassadors, other public Constitution, the laws of CSA deletes the phrase "in
Ministers and Consuls;--to the Confederate States, law and equity" from the
all Cases of admiralty and and treaties made, or opening line.
maritime Jurisdiction;--to which shall be made,
Controversies to which the under their authority; to The CSA clarifies that a
United States shall be a all cases affecting federal court can only hear
Party;--to Controversies ambassadors, other public a lawsuit with between a
between two or more ministers and consuls; to state and non-residents
States;-- between a State all cases of admiralty and when the state is the
and Citizens of another maritime jurisdiction; to plaintiff, a restriction on
State;--between Citizens controversies to which the federal jurisdiction that is
of different States;-- Confederate States shall similar to the terms of 11th
between Citizens of the be a party; to Amendment but doesn't
same State claiming Lands controversies between two actually go quite as far.
under Grants of different or more States; between a
States, and between a State and citizens of They also reword the
State, or the Citizens another State, where the context in which citizens
thereof, and foreign State is plaintiff; between who are claiming multi-
States, Citizens or citizens claiming lands state land can sue.
Subjects. under grants of different Originally the clause
States; and between a specifically says that this
[Amendment XI] State or the citizens power is only available to
The Judicial power of the thereof, and foreign states, "citizens of the same state"
United States shall not be citizens, or subjects; but but the Confederates
construed to extend to any no State shall be sued by a remove this qualifier, so
suit in law or equity, citizen or subject of any that any citizen can sue.
commenced or prosecuted foreign state.
Lastly, the CSA notes in
against one of the United
this section that that
States by Citizens of
foreigners cannot sue the
another State, or by
Citizens or Subjects of states in federal court,
any Foreign State which is also in the 11th
Amendment.
In all Cases affecting (2) In all cases affecting No changes. Federal
Ambassadors, other public ambassadors, other public courts remain the only
Ministers and Consuls, ministers and consuls, and judicial body allowed to
and those in which a State those in which a State resolve disputes between
shall be Party, the shall be a party, the the states.
supreme Court shall have Supreme Court shall have
original Jurisdiction. In all original jurisdiction. In all
the other Cases before the other cases before
mentioned, the supreme mentioned, the Supreme
Court shall have appellate Court shall have appellate
Jurisdiction, both as to jurisdiction both as to law
Law and Fact, with such and fact, with such
Exceptions, and under exceptions and under such
such Regulations as the regulations as the
Congress shall make. Congress shall make.
Section. 3. Sect. 3.
ARTICLE. IV.
Section. 1. Sect. 1.
Full Faith and Credit shall (1) Full faith and credit No changes. The CSA still
be given in each State to shall be given in each forces states to recognize
the public Acts, Records, State to the public acts, the court rulings of other
and judicial Proceedings records, and judicial states.
of every other State. And proceedings of every other
the Congress may by State; and the Congress
general Laws prescribe the may, by general laws,
Manner in which such prescribe the manner in
Acts, Records and which such acts, records,
Proceedings shall be and proceedings shall be
proved, and the Effect proved, and the effect
thereof. thereof.
Section. 2. Sect. 2.
Section. 3. Sect. 3.
ARTICLE. VI.
Section. 1. Sect. 1.
N/A
1. The Government The CSA indicates it has
established by this legal continuity with its
Constitution is the previous provisional
successor of the government.
Provisional Government
of the Confederate States
of America, and all the
laws passed by the latter
shall continue in force
until the same shall be
repealed or modified; and
all the officers appointed
by the same shall remain
in office until their
successors are appointed
and qualified, or the
offices abolished.
ARTICLE. VII.
Sect. 1. Sect. 1.