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THE CONSTITUTION OF THE

CONFEDERATE STATES OF AMERICA


jjmccullough.com |

What was changed? And why?


In February of 1861 six states seceded from the United States of America and
declared themselves independent. They formed a new, rival country known as
the Confederate States of America. In the months that followed, seven more
American states followed suit, slicing the former United States into two clearly-
divded rival factions.

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?

Modern-day Confederate apologists insist the Southern states only separated in


response to legitimate political grievances, namely that the South's capacity for
self-government was being unjustly restrained by a tyrannical federal government
dominated by northern politicians who had no respect for "states' rights,"
federalism, and local sovereignty. Everyone else insists the Confederacy was
founded for a much less noble reason, namely to keep slavery legal at a time
when the rest of country was uniting against the practice.

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:

• All references to the "United States" were changed to the "Confederate


States;" references to the "Union" were changed to "Confederacy."
• The CSA's constitution's punctuation, capitalization, and in some cases
spelling, are all updated from 18th Century to 19th Century English
standards.
• The CSA constitution numbers its clauses. In most cases, each paragraph
from the US constitution is numbered as a single clause, but in some cases
the CSA merges multiple clauses into one big one, or breaks up long
paragraphs into several smaller ones.

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]

All legislative Powers All legislative powers Changed the world


herein granted shall be herein delegated shall be "granted" to "delegated,"
vested in a Congress of vested in a Congress of which I suppose makes the
the United States, which the Confederate States, federal government seem
shall consist of a Senate which shall consist of a
and House of Senate and House of slightly more gentle and
Representatives. Representatives. conciliatory.

Section. 2. [House] Sec. 2. [House]

The House of (1) The House of


Representatives shall be Representatives shall be
composed of Members composed of members
chosen every second Year chosen every second year
by the People of the by the people of the
several States, and the several States; and the
Electors in each State electors in each State shall The Confederacy explicitly
shall have the be citizens of the declares that only citizens
Qualifications requisite Confederate States, and of the CSA can vote in
for Electors of the most have the qualifications elections. In the USA the
numerous Branch of the requisite for electors of individual states have the
State Legislature. the most numerous branch power to decide voter
of the State Legislature; eligibility.
but no person of foreign
birth, not a citizen of the
Confederate States, shall
be allowed to vote for any
officer, civil or political,
State or Federal.

Since the CSA was just


No Person shall be a (2) No person shall be a being created, the
Representative who shall Representative who shall Confederacy could not
not have attained to the not have attained the age demand that their
Age of twenty five Years, of twenty-five years, and Representatives be
and been seven Years a be a citizen of the citizens for seven years.
Citizen of the United Confederate States, and The USA could, because at
States, and who shall not, who shall not when the time their constitution
when elected, be an elected, be an inhabitant was adopted the US had
Inhabitant of that State in of that State in which he already existed for almost
which he shall be chosen. shall be chosen. ten years under the Articles
of Confederation.

Representatives and direct (3) Representatives and


Taxes shall be apportioned direct taxes shall be This is a complicated
among the several States apportioned among the clause detailing how to
which may be included several States, which may measure the population of
within this Union, be included within this the states. At the time, the
according to their Confederacy, according to US formally regarded
respective Numbers, their respective numbers, slaves as only counting as
which shall be determined which shall be determined "three fifths" of a person,
by adding to the whole by adding to the whole which allowed the non-
Number of free Persons, number of free persons, slave states to be over-
including those bound to including those bound to represented in the
Service for a Term of service for a term of years, Congress. The CSA kept
Years, and excluding and excluding Indians not this rule for some reason,
Indians not taxed, three taxed, three-fifths of all probably to even out
fifths of all other Persons. slaves. The actual representatives among
The actual Enumeration enumeration shall be made their slave-heavy and
shall be made within three within three years after the slave-light states.
Years after the first first meeting of the
Meeting of the Congress Congress of the The US constitution also
of the United States, and Confederate States, and bent over backwards to
within every subsequent within every subsequent avoid using the term
Term of ten Years, in such term of ten years, in such "slave" or "slavery" in the
Manner as they shall by manner as they shall by document, but the pro-
Law direct. The Number law direct. The number of slavery CSA apparently
of Representatives shall Representatives shall not didn't have a problem
not exceed one for every exceed one for every fifty calling a spade a spade.
thirty Thousand, but each thousand, but each State
State shall have at Least shall have at least one Lastly, the the CSA
one Representative; and Representative; and until appeared to aspire to have
until such enumeration such enumeration shall be a smaller Congress, as
shall be made, the State of made, the State of South Representatives could
New Hampshire shall be Carolina shall be entitled represent up to 50,000
entitled to chuse three, to choose six; the State of people, while in the US the
Massachusetts eight, Georgia ten; the State of max is 30,000 per
Rhode-Island and Alabama nine; the State of Congressman.
Providence Plantations Florida two; the State of
one, Connecticut five, Mississippi seven; the And obviously the founding
New-York six, New State of Louisiana six; and states are different.
Jersey four, Pennsylvania the State of Texas six.
eight, Delaware one,
Maryland six, Virginia
ten, North Carolina five,
South Carolina five, and
Georgia three.

(4) When vacancies


When vacancies happen in
happen in the
the Representation from
representation from any
any State, the Executive
State the executive No changes.
Authority thereof shall
authority thereof shall
issue Writs of Election to
issue writs of election to
fill such Vacancies.
fill such vacancies.

The House of (5) The House of


Representatives shall Representatives shall The CSA gave state
chuse their Speaker and choose their Speaker and legislatures the power to
other Officers; and shall other officers; and shall impeach federally-
have the sole Power of have the sole power of appointed state court
Impeachment. impeachment; except that judges and other federally-
any judicial or other appointed state officials.
Federal officer, resident
and acting solely within
the limits of any State, This is relevant as some
may be impeached by a federal judicial districts at
vote of two-thirds of both the time (and today) exist
branches of the only within a single state,
Legislature thereof. yet state governments are
powerless to control them,
because they are federal
employees. This change
thus gives (certain) states
more power over their
presiding federal judges,
which in turn blurs the
distinction between federal
and state judicial authority.

Section. 3. [Senate] Sec. 3. [Senate]

The CSA clarifies that state


(1) The Senate of the
legislatures will appoint
Confederate States shall
senators at the last session
be composed of two
The Senate of the United before the Senator's term
Senators from each State,
States shall be composed expires.
chosen for six years by the
of two Senators from each
Legislature thereof, at the This prevented state
State, chosen by the
regular session next
Legislature thereof for six legislatures from
immediately preceding the
Years; and each Senator appointing a "reserve"
commencement of the
shall have one Vote. senator to wait in the wings
term of service; and each
until the incumbent guy left
Senator shall have one
office, as was common in
vote.
some American states.

Immediately after they (2) Immediately after they No changes.


shall be assembled in shall be assembled, in
Consequence of the first consequence of the first
Election, they shall be election, they shall be
divided as equally as may divided as equally as may
be into three Classes. The be into three classes. The
Seats of the Senators of seats of the Senators of the
the first Class shall be first class shall be vacated
vacated at the Expiration at the expiration of the
of the second Year, of the second year; of the second
second Class at the class at the expiration of
Expiration of the fourth the fourth year; and of the
Year, and of the third third class at the
Class at the Expiration of expiration of the sixth
the sixth Year, so that one year; so that one-third
third may be chosen every may be chosen every
second Year; and if second year; and if
Vacancies happen by vacancies happen by
Resignation, or otherwise, resignation, or other wise,
during the Recess of the during the recess of the
Legislature of any State, Legislature of any State,
the Executive thereof may the Executive thereof may
make temporary make temporary
Appointments until the appointments until the
next Meeting of the next meeting of the
Legislature, which shall Legislature, which shall
then fill such Vacancies. then fill such vacancies.

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 Vice President of the (4) The Vice President of


United States shall be the Confederate States
President of the Senate, shall be president of the
No changes.
but shall have no Vote, Senate, but shall have no
unless they be equally vote unless they be
divided. equally divided.

The Senate shall chuse (5) The Senate shall


their other Officers, and choose their other officers;
also a President pro and also a president pro
tempore, in the Absence tempore in the absence of
No changes.
of the Vice President, or the Vice President, or
when he shall exercise the when he shall exercise the
Office of President of the office of President of the
United States. Confederate states.

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.

The CSA adds a disclaimer


that the state legislatures
are bound by the federal
constitution when creating
(1) The times, places, and
rules for elections to the
The Times, Places and manner of holding
Senate and House. This
Manner of holding elections for Senators and
evokes Section 2(1) of the
Elections for Senators and Representatives shall be
Confederate constitution,
Representatives, shall be prescribed in each State
which demands that states
prescribed in each State by the Legislature thereof,
by the Legislature thereof; subject to the provisions only grant voting rights to
but the Congress may at of this Constitution; but citizens.
any time by Law make or the Congress may, at any
The CSA also takes away
alter such Regulations, time, by law, make or alter
the Congress' power to
except as to the Places of such regulations, except as
alter the time of chosing
chusing Senators. to the times and places of
Senators, as the CSA
choosing Senators.
constitution already sets
out a specific timeframe for
appointments in Section 3
(1).

The Congress shall (2) The Congress shall No changes.


assemble at least once in assemble at least once in
every Year, and such every year; and such
Meeting shall be on the meeting shall be on the
first Monday in first Monday in
December, unless they December, unless they
shall by Law appoint a shall, by law, appoint a
different Day. different day.

Section. 5. Sect. 5.

Each House shall be the (1) Each House shall be


Judge of the Elections, the judge of the elections,
Returns and Qualifications returns, and qualifications
of its own Members, and a of its own members, and a
Majority of each shall majority of each shall
constitute a Quorum to do constitute a quorum to do
Business; but a smaller business; but a smaller
Number may adjourn from number may adjourn from No changes.
day to day, and may be day to day, and may be
authorized to compel the authorized to compel the
Attendance of absent attendance of absent
Members, in such Manner, members, in such manner
and under such Penalties and under such penalties
as each House may as each House may
provide. provide.

(2) Each House may


Each House may
determine the rules of its
determine the Rules of its
proceedings, punish its
Proceedings, punish its
members for disorderly
Members for disorderly No changes.
behavior, and, with the
Behaviour, and, with the
concurrence of two-thirds
Concurrence of two thirds,
of the whole number,
expel a Member.
expel a member.

Each House shall keep a (3) Each House shall keep


Journal of its Proceedings, a journal of its
and from time to time proceedings, and from
publish the same, time to time publish the
excepting such Parts as same, excepting such parts
may in their Judgment as may in their judgment
require Secrecy; and the require secrecy; and the No changes.
Yeas and Nays of the yeas and nays of the
Members of either House members of either House,
on any question shall, at on any question, shall, at
the Desire of one fifth of the desire of one-fifth of
those Present, be entered those present, be entered
on the Journal. on the journal.

Section. 6. Sect. 6.

The Senators and (1) The Senators and


Representatives shall Representatives shall Two of the US
receive a Compensation receive a compensation constitution's original
for their Services, to be for their services, to be clauses are merged into
ascertained by Law, and ascertained by law, and one big clause here.
paid out of the Treasury ofthe Confederate States. Most of the content is
the United States. They They shall, in all cases, unchanged....
shall in all Cases, except except treason, felony, and
Treason, Felony and breach of the peace, be
Breach of the Peace, be privileged from arrest
privileged from Arrest during their attendance at
during their Attendance at the session of their
the Session of their respective Houses, and in
respective Houses, and in going to and returning
going to and returning from the same; and for
from the same; and for any speech or debate in
any Speech or Debate in either House, they shall
either House, they shall not be questioned in any
not be questioned in any other place. No Senator or
other Place. Representative shall,
during the time for which
he was elected, be
appointed to any civil
office under the authority ... but the CSA tacks on a
No Senator or
of the Confederate States, bit at the end, which
Representative shall,
introduces a psuedo-
during the Time for which which shall have been
created, or the parliamentary reform to the
he was elected, be
emoluments whereof shall Congress. Under the CSA
appointed to any civil
system, cabinet secretaries
Office under the Authority have been increased
during such time; and no can be given a "seat" in
of the United States,
person holding any office either house of Congress
which shall have been
created, or the under the Confederate in order to answer direct
Emoluments whereof shall States shall be a member questions from members.
have been encreased of either House during his
continuance in office. But This is actually not that
during such time; and no
different than what
Person holding any Office Congress may, by law,
grant to the principal happens today, when
under the United States,
officer in each of the Cabinet Secretaries can be
shall be a Member of
Executive Departments a summoned to answer
either House during his
seat upon the floor of questions before a
Continuance in Office.
either House, with the Congressional committee.
privilege of discussing any
measures appertaining to
his department.
Section. 7. Sect. 7.

All Bills for raising (1) All bills for raising


Revenue shall originate in revenue shall originate in
the House of the House of
Representatives; but the Representatives; but the No changes.
Senate may propose or Senate may propose or
concur with Amendments concur with amendments,
as on other Bills. as on other bills.
Every Bill which shall (2) Every bill which shall This is the longest clause
have passed the House of have passed both Houses, in the constitution and the
Representatives and the shall, before it becomes a Confederates added quite
Senate, shall, before it law, be presented to the a bit to the end.
become a Law, be President of the
presented to the President Confederate States; if he The bulk of the clause
of the United States: If he approve, he shall sign it; explains how the Congress
approve he shall sign it, but if not, he shall return can override the
but if not he shall return it, it, with his objections, to president's veto. The
with his Objections to that that House in which it Confederates alter this a
House in which it shall shall have originated, who bit, and give the CSA
have originated, who shall shall enter the objections president the power to
enter the Objections at at large on their journal, approve certain parts of a
large on their Journal, and and proceed to reconsider bill into law, and reject
proceed to reconsider it. If it. If, after such other parts. Today this
after such Reconsideration reconsideration, two- power is known as a "line-
two thirds of that House thirds of that House shall item veto." Many US state
shall agree to pass the agree to pass the bill, it governors have such a
Bill, it shall be sent, shall be sent, together with power, but the American
together with the the objections, to the other president does not.
Objections, to the other House, by which it shall
House, by which it shall likewise be reconsidered,
likewise be reconsidered, and if approved by two-
and if approved by two thirds of that House, it
thirds of that House, it shall become a law. But in
shall become a Law. But all such cases, the votes of
in all such Cases the Votes both Houses shall be
of both Houses shall be determined by yeas and
determined by yeas and nays, and the names of the
Nays, and the Names of persons voting for and
the Persons voting for and against the bill shall be
against the Bill shall be entered on the journal of
entered on the Journal of each House respectively.
each House respectively. If any bill shall not be
If any Bill shall not be returned by the President
returned by the President within ten days (Sundays
within ten Days (Sundays excepted) after it shall
excepted) after it shall have been presented to
have been presented to him, the same shall be a
him, the Same shall be a law, in like manner as if
Law, in like Manner as if he had signed it, unless
he had signed it, unless the Congress, by their
the Congress by their adjournment, prevent its
Adjournment prevent its return; in which case it
Return, in which Case it shall not be a law. The
shall not be a Law. President may approve
any appropriation and
disapprove any other
appropriation in the same
bill. In such case he shall,
in signing the bill,
designate the
appropriations
disapproved; and shall
return a copy of such
appropriations, with his
objections, to the House in
which the bill shall have
originated; and the same
proceedings shall then be
had as in case of other
bills disapproved by the
President.

Every Order, Resolution,


or Vote to which the (3) Every order,
Concurrence of the Senate resolution, or vote, to
and House of which the concurrence of
Representatives may be both Houses may be
necessary (except on a necessary (except on a
question of Adjournment) question of adjournment)
shall be presented to the shall be presented to the
President of the United President of the
One of the few minor
States; and before the Confederate States; and
meaningless wording
Same shall take Effect, before the same shall take
changes.
shall be approved by him, effect, shall be approved
or being disapproved by by him; or, being
him, shall be repassed by disapproved by him, shall
two thirds of the Senate be repassed by two-thirds
and House of of both Houses, according
Representatives, to the rules and limitations
according to the Rules and prescribed in case of a
Limitations prescribed in bill.
the Case of a Bill.

Sec. 8. The Congress shall


Section. 8.
have power

The Congress shall have (1) To lay and collect


Power To lay and collect taxes, duties, imposts, and In the CSA constitution
Taxes, Duties, Imposts excises for revenue, Section 8 has an official
and Excises, to pay the necessary to pay the debts, title: "Congress shall have
Debts and provide for the provide for the common power", where as in the
common Defence and defense, and carry on the original it's much less
general Welfare of the Government of the organized.
United States; but all Confederate States; but no
Duties, Imposts and bounties shall be granted The Confederates didn't
Excises shall be uniform from the Treasury; nor mention "providing for the
shall any duties or taxes common defense" in their
throughout the United on importations from constitution's preamble, but
States; foreign nations be laid to they do here. "General
promote or foster any welfare" is still omitted,
branch of industry; and all however. Instead we get
duties, imposts, and "carry on the Government."
excises shall be uniform
throughout the Lastly, the CSA essentially
Confederate States. bans trade protectionism
by saying that tariffs cannot
be imposed on foreign
goods for the sole purpose
of protecting local industry.
It also bans "bounties" from
the Treasury, which at the
time was the term used to
describe government
subsidies distributed to
offset the costs of
managing certain
uncompetitive industries.

Southerners had often


been prevented from
buying cheaper foreign
goods because of such
Yankee projectionist
measures.

(2) To borrow money on


To borrow Money on the
the credit of the No changes.
credit of the United States;
Confederate States.

To regulate Commerce (3) To regulate commerce


with foreign Nations, and with foreign nations, and The Confederates added a
among the several States, among the several States, ton here.
and with the Indian and with the Indian tribes;
Tribes; but neither this, nor any The changes basically
other clause contained in place limits on the sort of
the Constitution, shall infrastructure spending
ever be construed to Congress can authorize,
delegate the power to which the Confederates
Congress to appropriate don't seem very big on.
money for any internal More important is the latter
improvement intended to comment about "duties" to
facilitate commerce; be laid upon those who use
except for the purpose of Confederate waterways —
furnishing lights, beacons, this was seen as an
and buoys, and other aids important way for the new
to navigation upon the country to raise revenue.
coasts, and the
improvement of harbors
and the removing of
obstructions in river
navigation; in all which
cases such duties shall be
laid on the navigation
facilitated thereby as may
be necessary to pay the
costs and expenses
thereof.

(4) To establish uniform


laws of naturalization, and
To establish an uniform uniform laws on the
Rule of Naturalization, subject of bankruptcies,
The CSA Congress cannot
and uniform Laws on the throughout the
authorize forgiveness of
subject of Bankruptcies Confederate States; but no
debts.
throughout the United law of Congress shall
States; discharge any debt
contracted before the
passage of the same.

To coin Money, regulate (5) To coin money,


the Value thereof, and of regulate the value thereof,
foreign Coin, and fix the and of foreign coin, and No changes.
Standard of Weights and fix the standard of weights
Measures; and measures.

To provide for the (6) To provide for the


Punishment of punishment of
counterfeiting the counterfeiting the No changes.
Securities and current securities and current coin
Coin of the United States; of the Confederate States.

To establish Post Offices


and post Roads; The Confederates set a
cut-off day after which they
(7) To establish post
would no longer provide
offices and post routes;
cash for the Post Office
but the expenses of the
Department.
Post Office Department,
after the 1st day of March
It's also worth noting that
in the year of our Lord
the Confederates use the
eighteen hundred and
term "year of our Lord"
sixty-three, shall be paid
when referencing dates.
out of its own revenues.
The US constitution just
says "the year."

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.

To constitute Tribunals (9) To constitute tribunals


inferior to the supreme inferior to the Supreme No changes.
Court; Court.

To define and punish (10) To define and punish


Piracies and Felonies piracies and felonies
committed on the high committed on the high No changes.
Seas, and Offences against seas, and offenses against
the Law of Nations; the law of nations.

To declare War, grant (11) To declare war, grant


Letters of Marque and letters of marque and
Reprisal, and make Rules reprisal, and make rules No changes.
concerning Captures on concerning captures on
Land and Water; land and water.

To raise and support (12) To raise and support


Armies, but no armies; but no
Appropriation of Money appropriation of money to
No changes.
to that Use shall be for a that use shall be for a
longer Term than two longer term than two
Years; years.

To provide and maintain a (13) To provide and


No changes.
Navy; maintain a navy.

To make Rules for the (14) To make rules for the


Government and government and
No changes.
Regulation of the land and regulation of the land and
naval Forces; naval forces.

(15) To provide for calling


To provide for calling No changes. By keeping
forth the militia to execute
forth the Militia to execute this clause the CSA
the laws of the
the Laws of the Union, essentially gives itself the
Confederate States,
suppress Insurrections and right to fight its own Civil
suppress insurrections,
repel Invasions; War someday.
and repel invasions.

To provide for organizing, (16) To provide for No changes.


arming, and disciplining, organizing, arming, and
the Militia, and for disciplining the militia,
governing such Part of and for governing such
them as may be employed part of them as may be
in the Service of the employed in the service of
United States, reserving to the Confederate States;
the States respectively, the reserving to the States,
Appointment of the respectively, the
Officers, and the appointment of the
Authority of training the officers, and the authority
Militia according to the of training the militia
discipline prescribed by according to the discipline
Congress; prescribed by Congress.

(17) To exercise exclusive


To exercise exclusive
legislation, in all cases
Legislation in all Cases
whatsoever, over such
whatsoever, over such
district (not exceeding ten
District (not exceeding ten The Confederacy makes
miles square) as may, by
Miles square) as may, by the meaningless
cession of one or more
Cession of particular clarification that "one or
States and the acceptance
States, and the Acceptance more" states can give up
of Congress, become the
of Congress, become the territory to provide the
seat of the Government of
Seat of the Government of country's capital distract.
the Confederate States;
the United States, and to
and to exercise like
exercise like Authority Trivia question: what was
authority over all places
over all Places purchased the capital district of the
purchased by the consent
by the Consent of the CSA?
of the Legislature of the
Legislature of the State in
State in which the same
which the Same shall be, Answer: they never had
shall be, for the erection
for the Erection of Forts, time to make one.
of forts, magazines,
Magazines, Arsenals,
arsenals, dockyards, and
dock-Yards, and other
other needful buildings;
needful Buildings;--And
and

To make all Laws which (18) To make all laws


shall be necessary and which shall be necessary
proper for carrying into and proper for carrying
Execution the foregoing into execution the No changes. It's interesting
Powers, and all other foregoing powers, and all to note how the
Powers vested by this other powers vested by Confederacy barely takes
Constitution in the this Constitution in the away any powers from the
Government of the United Government of the federal government.
States, or in any Confederate States, or in
Department or Officer any department or officer
thereof. thereof.

Section. 9. Sect. 9.

The Migration or (1) The importation of


Importation of such negroes of the African This clause is an updated
Persons as any of the race from any foreign version of what was
States now existing shall country other than the originally a time-sensitive
think proper to admit, slaveholding States or article in the US
shall not be prohibited by Territories of the United constitution. The original
the Congress prior to the States of America, is US Section 9(1), in its
Year one thousand eight hereby forbidden; and euphemistic language,
hundred and eight, but a Congress is required to stated that Congress could
Tax or duty may be pass such laws as shall only ban the slave trade
imposed on such effectually prevent the after 1808 (and they did).
Importation, not same.
exceeding ten dollars for The Confederate clause 9
each Person. (1) makes this ban on the
slave trade permanent,
though slave trading with
the US is still permitted.
Curiously, the clause also
"requires" Congress to
pass anti-slave trading
laws to further outlaw
something that's
unconstitutional anyway.

This clause was a


completely new addition,
the first of a few.

(2) Congress shall also It gives Congress the


have power to prohibit the power to ban slave imports
introduction of slaves from specific US states and
N/A from any State not a territories, should they ever
member of, or Territory desire to do so. This clause
not belonging to, this is thus a clever loophole of
Confederacy. sorts, in that it allows the
CSA to ban slave imports
from the US while
simultaneously not
contradicting clause 1.

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 Capitation, or other (5) No capitation or other


direct, Tax shall be laid, direct tax shall be laid,
unless in Proportion to the unless in proportion to the
No changes.
Census or enumeration census or enumeration
herein before directed to hereinbefore directed to be
be taken. taken.

The Confederate Congress


gains the power to meddle
(6) No tax or duty shall be in the free-trading between
No Tax or Duty shall be laid on articles exported the states by imposing
laid on Articles exported from any State, except by tariffs on certain states'
from any State. a vote of two-thirds of exported goods. The
both Houses. Confederates were eyeing
another possible source of
revenue.

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.

No Money shall be drawn (8) No money shall be


from the Treasury, but in drawn from the Treasury,
Consequence of but in consequence of
Appropriations made by appropriations made by
Law; and a regular law; and a regular
No changes.
Statement and Account of statement and account of
the Receipts and the receipts and
Expenditures of all public expenditures of all public
Money shall be published money shall be published
from time to time. from time to time.

N/A (9) Congress shall


appropriate no money The first of two new
from the Treasury except Confederate clauses that
by a vote of two-thirds of try to impose certain
both Houses, taken by standards of fiscal
yeas and nays, unless it be
asked and estimated for by responsibility on the
some one of the heads of legislative branch.
departments and
submitted to Congress by The CSA Congress can
the President; or for the only appropriate cash:
purpose of paying its own
expenses and • in response to a
contingencies; or for the specific request from
payment of claims against the executive branch
the Confederate States, the • to pay for its own
justice of which shall have expenses
been judicially declared • to pay for the national
by a tribunal for the debt and other
investigation of claims financial "claims"
against the Government, against the national
which it is hereby made government
the duty of Congress to
establish. The document also
demands that the
Confederate Congress
establish a tribunal to
"investigate" the validity of
such claims made against
the CSA.

(10) All bills


appropriating money shall
specify in Federal
currency the exact amount
of each appropriation and The CSA Congress is
the purposes for which it forced to only issue money
is made; and Congress bills that cite an exact
N/A
shall grant no extra dollar amount, and cannot
compensation to any grant a penny more after
public contractor, officer, such a bill is passed.
agent, or servant, after
such contract shall have
been made or such service
rendered.

No Title of Nobility shall (11) No title of nobility No changes.


be granted by the United shall be granted by the
States: And no Person Confederate States; and no
holding any Office of person holding any office
Profit or Trust under them, of profit or trust under
shall, without the Consent them shall, without the
of the Congress, accept of consent of the Congress,
any present, Emolument, accept of any present,
Office, or Title, of any emolument, office, or title
kind whatever, from any of any kind whatever,
King, Prince, or foreign from any king, prince, or
State. foreign state.

The CSA constitution


[Amendment I, see note at
directly incorporates the Bill
right] (12) Congress shall make
of Rights into their
Congress shall make no no law respecting an
constitution, which only
law respecting an establishment of religion,
makes sense. The original
establishment of religion, or prohibiting the free
Bill of Rights takes the form
or prohibiting the free exercise thereof; or
of 10 amendments tacked
exercise thereof; or abridging the freedom of
to the end of the US
abridging the freedom of speech, or of the press; or
constitution (cited here, out
speech, or of the press; or the right of the people
of place). This part of the
the right of the people peaceably to assemble and
CSA constitution only
peaceably to assemble, petition the Government
includes the first eight Bill
and to petition the for a redress of
of Rights amendments, the
Government for a redress grievances.
last two are included at the
of grievances.
very end of the document.

Though there are no


changes per se, Second
Amendment scholars in the
US have long argued over
the significance of the
[Amendment II]
(13) A well-regulated punctuation in this clause.
A well regulated Militia,
militia being necessary to The CSA's version gets rid
being necessary to the
the security of a free State, of a few commas, which
security of a free State, the
the right of the people to makes the language closer
right of the people to keep
keep and bear arms shall to what gun control
and bear Arms, shall not
not be infringed. advocates believe the
be infringed.
amendment was supposed
to say, namely that the
right to keep and bear
arms only exists if one
belongs to a militia.

[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 V] (16) No person shall be


No person shall be held to held to answer for a
answer for a capital, or capital or otherwise
otherwise infamous crime, infamous crime, unless on
unless on a presentment or a presentment or
indictment of a Grand indictment of a grand jury,
Jury, except in cases except in cases arising in
arising in the land or naval the land or naval forces, or
forces, or in the Militia, in the militia, when in
when in actual service in actual service in time of
time of War or public war or public danger; nor
danger; nor shall any shall any person be
person be subject for the subject for the same No changes.
same offence to be twice offense to be twice put in
put in jeopardy of life or jeopardy of life or limb;
limb; nor shall be nor be compelled, in any
compelled in any criminal criminal case, to be a
case to be a witness witness against himself;
against himself, nor be nor be deprived of life,
deprived of life, liberty, or liberty, or property
property, without due without due process of
process of law; nor shall law; nor shall private
private property be taken property be taken for
for public use, without just public use, without just
compensation. compensation.

[Amendment VI] (17) In all criminal No changes.


In all criminal prosecutions the accused
prosecutions, the accused shall enjoy the right to a
shall enjoy the right to a speedy and public trial, by
speedy and public trial, by an impartial jury of the
an impartial jury of the State and district wherein
State and district wherein the crime shall have been
the crime shall have been committed, which district
committed, which district shall have been previously
shall have been previously ascertained by law, and to
ascertained by law, and to be informed of the nature
be informed of the nature and cause of the
and cause of the accusation; to be
accusation; to be confronted with the
confronted with the witnesses against him; to
witnesses against him; to have compulsory process
have compulsory process for obtaining witnesses in
for obtaining witnesses in his favor; and to have the
his favor, and to have the assistance of counsel for
Assistance of Counsel for his defense.
his defence.

[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.

The Confederates add this


little clause at the end of
Section 9. This is quite an
interesting addition, as it
demands that all bills only
(20) Every law, or
relate to "one subject." This
resolution having the force
would prevent what we see
N/A of law, shall relate to but
today, where Congress
one subject, and that shall
routinely passes all sorts of
be expressed in the title.
extraordinarily complicated
"omnibus" bills that
regulate dozens of
different, unrelated realms
at once.
Section. 10. Sec. 10.

No State shall enter into


(1) No State shall enter
any Treaty, Alliance, or The CSA deletes the words
into any treaty, alliance, or
Confederation; grant "emit bills of credit,"
confederation; grant
Letters of Marque and thereby allowing its states
letters of marque and
Reprisal; coin Money; to issue them. By the
reprisal; coin money;
emit Bills of Credit; make standards of the time, this
make anything but gold
any Thing but gold and could have given states the
and silver coin a tender in
silver Coin a Tender in right to issue their own
payment of debts; pass
Payment of Debts; pass paper currency. Today,
any bill of attainder, or ex
any Bill of Attainder, ex however, a "bill of credit" is
post facto law, or law
post facto Law, or Law usually just understood to
impairing the obligation of
impairing the Obligation be a government loan of
contracts; or grant any
of Contracts, or grant any some sort.
title of nobility.
Title of Nobility.

No State shall, without the (2) No State shall, without


Consent of the Congress, the consent of the
lay any Imposts or Duties Congress, lay any imposts
on Imports or Exports, or duties on imports or
except what may be exports, except what may
absolutely necessary for be absolutely necessary
executing it's inspection for executing its
Laws: and the net Produce inspection laws; and the
of all Duties and Imposts, net produce of all duties No changes.
laid by any State on and imposts, laid by any
Imports or Exports, shall State on imports, or
be for the Use of the exports, shall be for the
Treasury of the United use of the Treasury of the
States; and all such Laws Confederate States; and all
shall be subject to the such laws shall be subject
Revision and Controul of to the revision and control
the Congress. of Congress.

No State shall, without the (3) No State shall, without


Consent of Congress, lay the consent of Congress, The CSA threw a lot of
any Duty of Tonnage, lay any duty on tonnage, qualifications into this one.
keep Troops, or Ships of except on seagoing
War in time of Peace, vessels, for the The Confederates were
enter into any Agreement improvement of its rivers quite eager to raise money
or Compact with another and harbors navigated by by taxing ships that used
State, or with a foreign the said vessels; but such their waterways, so this
Power, or engage in War, duties shall not conflict clause had to be rewritten
unless actually invaded, or with any treaties of the to allow that.
in such imminent Danger Confederate States with
as will not admit of delay. foreign nations; and any The Confederate states
surplus revenue thus also gain the power to
derived shall, after making make river-related treaties
such improvement, be with each other. In the US,
paid into the common the federal government
treasury. Nor shall any regulates bodies of water
State keep troops or ships that overlap multiple states.
of war in time of peace,
enter into any agreement
or compact with another
State, or with a foreign
power, or engage in war,
unless actually invaded, or
in such imminent danger
as will not admit of delay.
But when any river
divides or flows through
two or more States they
may enter into compacts
with each other to
improve the navigation
thereof.

ARTICLE. II.
Section. 1. Section. 1.

(1) The executive power


shall be vested in a The Confederate president
The executive Power shall
President of the can only serve a single,
be vested in a President of
Confederate States of six-year term, unlike the
the United States of
America. He and the Vice US president, who (at the
America. He shall hold his
President shall hold their time) could be re-elected
Office during the Term of
offices for the term of six forever.
four Years, and, together
years; but the President
with the Vice President,
shall not be reeligible. The Interestingly, the
chosen for the same Term,
President and Vice Confederate vice president
be elected, as follows:
President shall be elected could be re-elected.
as follows:

Each State shall appoint, (2) Each State shall No changes.


in such Manner as the appoint, in such manner as
Legislature thereof may the Legislature thereof
direct, a Number of may direct, a number of
Electors, equal to the electors equal to the whole
whole Number of Senators number of Senators and
and Representatives to Representatives to which
which the State may be the State may be entitled
entitled in the Congress: in the Congress; but no
but no Senator or Senator or Representative
Representative, or Person or person holding an
holding an Office of Trust office of trust or profit
or Profit under the United under the Confederate
States, shall be appointed States shall be appointed
an Elector. an elector.

(3) The electors shall meet


[Amendment XII] in their respective States The CSA constitution
The Electors shall meet in and vote by ballot for breaks this clause,
their respective states and President and Vice originally from the US
vote by ballot for President, one of whom, at constitution's 12th
President and Vice- least, shall not be an amendment, into three
President, one of whom, at inhabitant of the same parts, but it is otherwise
least, shall not be an State with themselves; unchanged.
inhabitant of the same they shall name in their
state with themselves; ballots the person voted
they shall name in their for as President, and in
ballots the person voted distinct ballots the person
for as President, and in voted for as Vice
distinct ballots the person President, and they shall
voted for as Vice- make distinct lists of all
President, and they shall persons voted for as
make distinct lists of all President, and of all
persons voted for as persons voted for as Vice
President, and of all President, and of the
persons voted for as Vice- number of votes for each,
President, and of the which lists they shall sign
number of votes for each, and certify, and transmit,
which lists they shall sign sealed, to the seat of the
and certify, and transmit Government of. the
sealed to the seat of the Confederate States,
government of the United directed to the President
States, directed to the of the Senate; the
President of the Senate; -- President of the Senate
the President of the Senate shall,in the presence of the
shall, in the presence of Senate and House of
the Senate and House of Representatives, open all
Representatives, open all the certificates, and the
the certificates and the votes shall then be
votes shall then be counted; the person
counted; -- The person having the greatest
having the greatest number of votes for
number of votes for President shall be the
President, shall be the President, if such number
President, if such number be a majority of the whole
be a majority of the whole number of electors
number of Electors appointed; and if no
appointed; and if no person have such
person have such majority, then from the
majority, then from the persons having the highest
persons having the highest numbers, not exceeding
numbers not exceeding three, on the list of those
three on the list of those voted for as President, the
voted for as President, the House of Representatives
House of Representatives shall choose immediately,
shall choose immediately, by ballot, the President.
by ballot, the President. But in choosing the
But in choosing the President the votes shall
President, the votes shall be taken by States~the
be taken by states, the representation from each
representation from each State having one vote; a
state having one vote; a quorum for this purpose
quorum for this purpose shall consist of a member
shall consist of a member or members from two-
or members from two- thirds of the States, and a
thirds of the states, and a majority of all the States
majority of all the states shall be necessary to a
shall be necessary to a choice. And if the House
choice. And if the House of Representatives shall
of Representatives shall not choose a President,
not choose a President whenever the right of
whenever the right of choice shall devolve upon
choice shall devolve upon them, before the 4th day
them, before the fourth of March next following,
day of March next then the Vice President
following, then the Vice- shall act as President, as in
President shall act as case of the death, or other
President, as in case of the constitutional disability of
death or other the President.
constitutional disability of
the President. The person (4) The person having the
having the greatest greatest number of votes
number of votes as Vice- as Vice President shall be
President, shall be the the Vice President, if such
Vice-President, if such number be a majority of
number be a majority of the whole number of
the whole number of electors appointed; and if
Electors appointed, and if no person have a majority,
no person have a majority, then, from the two highest
then from the two highest numbers on the list, the
numbers on the list, the Senate shall choose the
Senate shall choose the Vice President; a quorum
Vice-President; a quorum for the purpose shall
for the purpose shall consist of two-thirds of
consist of two-thirds of the whole number of
the whole number of Senators, and a majority
Senators, and a majority of the whole number shall
of the whole number shall be necessary to a choice.
be necessary to a choice.
(5) But no person
But no person
constitutionally ineligible
constitutionally ineligible
to the office of President
to the office of President shall be eligible to that of
shall be eligible to that of Vice President of the
Vice-President of the Confederate States.
United States.

The Congress may (6) The Congress may


determine the Time of determine the time of
chusing the Electors, and choosing the electors, and
the Day on which they the day on which they
No changes.
shall give their Votes; shall give their votes;
which Day shall be the which day shall be the
same throughout the same throughout the
United States. Confederate States.

Once again, the


Confederacy has to create
various grandfather
(7) No person except a clauses since no one had
natural-born citizen of the
been a citizen of the CSA
Confederate; States, or a
No Person except a prior to their constitution's
citizen thereof at the time
natural born Citizen, or a ratification.
of the adoption of this
Citizen of the United
Constitution, or a citizen
States, at the time of the Both the CSA and USA
thereof born in the United
Adoption of this constitutions want only
States prior to the 20th of
Constitution, shall be "natural-born citizens" to
December, 1860, shall be
eligible to the Office of become president, but both
eligible to the office of
President; neither shall constitutions create a
President; neither shall
any Person be eligible to window in which it is
any person be eligible to
that Office who shall not possible for immigrants to
that office who shall not
have attained to the Age become president so long
have attained the age of
of thirty five Years, and as they were citizens at the
thirty-five years, and been
been fourteen Years a time the constitution was
fourteen years a resident
Resident within the United adopted. The Confederate
within the limits of the
States. secretary of state Judah
Confederate States, as
they may exist at the time Benjamin, who was born in
of his election. the British Virgin Islands in
1811, could have been
president under these
terms.

In Case of the Removal of (8) In case of the removal No changes.


the President from Office, of the President from
or of his Death, office, or of his death,
Resignation, or Inability resignation, or inability to
to discharge the Powers discharge the powers and
and Duties of the said duties of said office, the
Office, the Same shall same shall devolve on the
devolve on the Vice Vice President; and the
President, and the Congress may, by law,
Congress may by Law provide for the case of
provide for the Case of removal, death,
Removal, Death, resignation, or inability,
Resignation or Inability, both of the President and
both of the President and Vice President, declaring
Vice President, declaring what officer shall then act
what Officer shall then act as President; and such
as President, and such officer shall act
Officer shall act accordingly until the
accordingly, until the disability be removed or a
Disability be removed, or President shall be elected.
a President shall be
elected.

The President shall, at (9) The President shall, at


stated Times, receive for stated times, receive for
his Services, a his services a
Compensation, which compensation, which shall
shall neither be increased neither be increased nor
nor diminished during the diminished during the
Period for which he shall period for which he shall No changes.
have been elected, and he have been elected; and he
shall not receive within shall not receive within
that Period any other that period any other
Emolument from the emolument from the
United States, or any of Confederate States, or any
them. of them.

Before he enter on the (10) Before he enters on


Execution of his Office, the execution of his office
he shall take the following he shall take the following
Oath or Affirmation:--"I oath or affirmation:
do solemnly swear (or "I do solemnly swear (or
affirm) that I will affirm) that I will
faithfully execute the faithfully execute the No changes.
Office of President of the office of President of the
United States, and will to Confederate States, and
the best of my Ability, will, to the best of my
preserve, protect and ability, preserve, protect,
defend the Constitution of and defend the
the United States." Constitution thereof."

Section. 2. Sec. 2.

The President shall be (1) The President shall be No changes.


Commander in Chief of Commander-in-Chief of
the Army and Navy of the the Army and Navy of the
United States, and of the Confederate States, and of
Militia of the several the militia of the several
States, when called into States, when called into
the actual Service of the the actual service of the
United States; he may Confederate States; he
require the Opinion, in may require the opinion,
writing, of the principal in writing, of the principal
Officer in each of the officer in each of the
executive Departments, Executive Departments,
upon any Subject relating upon any subject relating
to the Duties of their to the duties of their
respective Offices, and he respective offices; and he
shall have Power to grant shall have power to grant
Reprieves and Pardons for reprieves and pardons for
Offences against the offenses against the
United States, except in Confederate States, except
Cases of Impeachment. in cases of impeachment.

He shall have Power, by


2) He shall have power,
and with the Advice and
by and with the advice and
Consent of the Senate, to
consent of the Senate, to
make Treaties, provided
make treaties; provided
two thirds of the Senators
two-thirds of the Senators
present concur; and he
present concur; and he
shall nominate, and by and
shall nominate, and by and
with the Advice and
with the advice and
Consent of the Senate,
consent of the Senate shall
shall appoint
appoint, ambassadors,
Ambassadors, other public
other public ministers and
Ministers and Consuls,
consuls, judges of the
Judges of the supreme
Supreme Court, and all
Court, and all other No changes.
other officers of the
Officers of the United
Confederate States whose
States, whose
appointments are not
Appointments are not
herein otherwise provided
herein otherwise provided
for, and which shall be
for, and which shall be
established by law; but the
established by Law: but
Congress may, by law,
the Congress may by Law
vest the appointment of
vest the Appointment of
such inferior officers, as
such inferior Officers, as
they think proper, in the
they think proper, in the
President alone, in the
President alone, in the
courts of law, or in the
Courts of Law, or in the
heads of departments.
Heads of Departments.

N/A (3) The principal officer in The Confederate President


each of the Executive is given the power to fire
Departments, and all pretty much any civil
persons connected with servant he wishes, from
the diplomatic service, cabinet secretaries on
may be removed from down. He must then inform
office at the pleasure of the Senate of the reasons
the President. All other for the firing. The American
civil officers of the president has these
Executive Departments powers as well, but they
may be removed at any are codified in the various
time by the President, or laws establishing the
other appointing power, cabinet departments and
when their services are not in the constitution itself.
unnecessary, or for
dishonesty, incapacity.
inefficiency, misconduct,
or neglect of duty; and
when so removed, the
removal shall be reported
to the Senate, together
with the reasons therefor.

(4) The President shall


have power to fill all The CSA adds an
vacancies that may happen additional check to prevent
The President shall have
during the recess of the the President from
Power to fill up all
Senate, by granting exploiting recess
Vacancies that may
commissions which shall appointments. If someone
happen during the Recess
expire at the end of their is rejected by the Senate,
of the Senate, by granting
next session; but no the President cannot
Commissions which shall
person rejected by the weasel around it by just
expire at the End of their
Senate shall be making that person a
next Session.
reappointed to the same recess appointment. Bad
office during their ensuing news, Claire Underwood.
recess.

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.

The President, Vice


The President, Vice
President and all civil
President, and all civil
Officers of the United
officers of the Confederate
States, shall be removed
States, shall be removed
from Office on
from office on No changes.
Impeachment for, and
impeachment for and
Conviction of, Treason,
conviction of treason,
Bribery, or other high
bribery, or other high
Crimes and
crimes and misdemeanors.
Misdemeanors.

ARTICLE. III.
Section. 1. Sect. 1.

The judicial Power of the Section 1. (1) The judicial


United States shall be power of the Confederate
vested in one supreme States shall be vested in
Court, and in such inferior one Supreme Court, and in
Courts as the Congress such inferior courts as the
may from time to time Congress may, from time
ordain and establish. The to time, ordain and
Judges, both of the establish. The judges, both
supreme and inferior of the Supreme and
No changes.
Courts, shall hold their inferior courts, shall hold
Offices during good their offices during good
Behaviour, and shall, at behavior, and shall, at
stated Times, receive for stated times, receive for
their Services a their services a
Compensation, which compensation which shall
shall not be diminished not be diminished during
during their Continuance their continuance in
in Office. office.

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.

The Trial of all Crimes, (3) The trial of all crimes,


except in Cases of except in cases of
Impeachment, shall be by impeachment, shall be by
Jury; and such Trial shall jury, and such trial shall
be held in the State where be held in the State where
the said Crimes shall have the said crimes shall have
No changes.
been committed; but when been committed; but when
not committed within any not committed within any
State, the Trial shall be at State, the trial shall be at
such Place or Places as the such place or places as the
Congress may by Law Congress may by law
have directed. have directed.

Section. 3. Sect. 3.

Treason against the United (1) Treason against the


States, shall consist only Confederate States shall
in levying War against consist only in levying
them, or in adhering to war against them, or in
their Enemies, giving adhering to their enemies,
them Aid and Comfort. giving them aid and
No changes.
No Person shall be comfort. No person shall
convicted of Treason be convicted of treason
unless on the Testimony unless on the testimony of
of two Witnesses to the two witnesses to the same
same overt Act, or on overt act, or on confession
Confession in open Court. in open court.

The Congress shall have


(2) The Congress shall
Power to declare the
have power to declare the
Punishment of Treason,
punishment of treason; but
but no Attainder of
no attainder of treason
Treason shall work No changes.
shall work corruption of
Corruption of Blood, or
blood, or forfeiture, except
Forfeiture except during
during the life of the
the Life of the Person
person attainted.
attainted.

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.

(1) The citizens of each


State shall be entitled to
Solidifying the right to
all the privileges and
slavery further, the CSA
immunities of citizens in
adds that government
The Citizens of each State the several States; and
cannot prohibit the rights of
shall be entitled to all shall have the right of
individuals to haul their
Privileges and Immunities transit and sojourn in any
slaves around the country
of Citizens in the several State of this Confederacy,
as they so please, thereby
States. with their slaves and other
eliminating the possibility of
property; and the right of
another Dred Scott-style
property in said slaves
lawsuit.
shall not be thereby
impaired.

(2) A person charged in


A Person charged in any CSA does a bit of odd
any State with treason,
State with Treason, meddling with this clause.
felony, or other crime
Felony, or other Crime, By adding the qualifier
against the laws of such
who shall flee from "against the laws of such
State, who shall flee from
Justice, and be found in state" they seem to be
justice, and be found in
another State, shall on implying that only criminals
another State, shall, on
Demand of the executive accused of a state offense
demand of the executive
Authority of the State can be extradited from one
authority of the State from
from which he fled, be state to another. So if a
which he fled, be
delivered up, to be guy committed a federal
delivered up, to be
removed to the State offense he could
removed to the State
having Jurisdiction of the presumably not be
having jurisdiction of the
Crime. extradited in this manner.
crime.

No Person held to Service (3) No slave or other


or Labour in one State, person held to service or In both constitutions, this
under the Laws thereof, labor in any State or clause was supposed to
escaping into another, Territory of the prevent slaves from
shall, in Consequence of Confederate States, under escaping into freedom in
any Law or Regulation the laws thereof, escaping another state.
therein, be discharged or lawfully carried into The Confederates
from such Service or another, shall, in strengthen and clarify the
Labour, but shall be consequence of any law or language, though this is
delivered up on Claim of regulation therein, be somewhat pointless since
the Party to whom such discharged from such Article I, Sec. 9(4) already
Service or Labour may be service or labor; but shall prevents states from
due. be delivered up on claim passing "any law or
of the party to whom such regulation" that could
slave belongs, or to whom possibly result in a slave
such service or labor may becoming free by
be due. moving/being moved to a
different state.

Section. 3. Sect. 3.

New States may be (1) Other States may be


admitted by the Congress admitted into this
into this Union; but no Confederacy by a vote of
new State shall be formed two-thirds of the whole The Confederates make it
or erected within the House of Representatives a bit harder for new states
Jurisdiction of any other and two-thirds of the to join their country, by
State; nor any State be Senate, the Senate voting requiring a vote of approval
formed by the Junction of by States; but no new by a two-thirds majority
two or more States, or State shall be formed or vote in the House of
Parts of States, without the erected within the Representatives, and a
Consent of the jurisdiction of any other two-thirds vote in the
Legislatures of the States State, nor any State be Senate (with each state
concerned as well as of formed by the junction of having only one vote). In
the Congress. two or more States, or the US it just takes a
parts of States, without the simple majority.
consent of the Legislatures
of the States concerned, as
well as of the Congress.

The Congress shall have


The language in this clause
Power to dispose of and
is simplified a bit in the
make all needful Rules
(2) The Congress shall CSA version. In both
and Regulations
have power to dispose of versions the federal
respecting the Territory or
and make all needful rules government is given
other Property belonging
and regulations jurisdiction over the
to the United States; and
concerning the property of physical lands and property
nothing in this
the Confederate States, possessed by the country.
Constitution shall be so
including the lands The CSA does not promise
construed as to Prejudice
thereof. that their constitution is
any Claims of the United
free of prejudice towards
States, or of any particular
specific property claims.
State.
N/A (3) The Confederate States Another new clause
may acquire new territory; created for the
and Congress shall have Confederacy.
power to legislate and
provide governments for Like the United States, the
the inhabitants of all CSA creates two tiers of
territory belonging to the local self-government in its
Confederate States, lying federal system: territories
without the limits of the and states. This clause
several Sates [sic]; and simply clarifies that slavery
may permit them, at such is legal in the former as
times, and in such manner well as the latter, an issue
as it may by law provide, that had often been
to form States to be debated in the antebellum
admitted into the United States.
Confederacy. In all such
territory the institution of
negro slavery, as it now
exists in the Confederate
States, shall be recognized
and protected be Congress
and by the Territorial
government; and the
inhabitants of the several
Confederate States and
Territories shall have the
right to take to such
Territory any slaves
lawfully held by them in
any of the States or
Territories of the
Confederate States.

(4) The Confederate States


shall guarantee to every
The United States shall
State that now is, or
guarantee to every State in
hereafter may become, a
this Union a Republican
member of this
Form of Government, and
Confederacy, a republican
shall protect each of them No real changes. The
form of government; and
against Invasion; and on federal government retains
shall protect each of them
Application of the the right to deploy troops to
against invasion; and on
Legislature, or of the states when asked.
application of the
Executive (when the
Legislature or of the
Legislature cannot be
Executive (when the
convened), against
Legislature is not in
domestic Violence.
session) against domestic
violence.
ARTICLE. V.
Section. 1. Sect. 1.

The CSA method for


The Congress, whenever making constitutional
(1) Upon the demand of amendments is a bit
two thirds of both Houses
any three States, legally different, but keeps the
shall deem it necessary,
assembled in their several general spirit intact.
shall propose
conventions, the Congress
Amendments to this
shall summon a The biggest difference is
Constitution, or, on the
convention of all the that in the Confederacy the
Application of the
States, to take into Congress has no role in
Legislatures of two thirds
consideration such passing amendments. It's
of the several States, shall
amendments to the all done by the state
call a Convention for
Constitution as the said legislatures.
proposing Amendments,
States shall concur in
which, in either Case, In the CSA system it only
suggesting at the time
shall be valid to all Intents takes three states to
when the said demand is
and Purposes, as Part of summon a constitutional
made; and should any of
this Constitution, when convention, where as in the
the proposed amendments
ratified by the Legislatures US it takes the request of
to the Constitution be
of three fourths of the "two-thirds" of them.
agreed on by the said
several States, or by
convention — voting by Likewise, in the CSA it only
Conventions in three
States — and the same be takes two-thirds of the
fourths thereof, as the one
ratified by the Legislatures states to ratify an
or the other Mode of
of two-thirds of the amendment, while in the
Ratification may be
several States, or by US it takes three-fourths.
proposed by the Congress;
conventions in two-thirds
Provided that no Lastly, the CSA changes
thereof — as the one or
Amendment which may the final rule. In the US a
the other mode of
be made prior to the Year state cannot be deprived of
ratification may be
One thousand eight its equal suffrage in the
proposed by the general
hundred and eight shall in Senate, but under the
convention — they shall
any Manner affect the first Confederacy it cannot be
thenceforward form a part
and fourth Clauses in the denied equal
of this Constitution. But
Ninth Section of the first representation. So
no State shall, without its
Article; and that no State, theoretically CSA states
consent, be deprived of its
without its Consent, shall could be given different
equal representation in the
be deprived of its equal voting powers so long as
Senate.
Suffrage in the Senate.
they all have the same
number of senators.

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.

2. All debts contracted and


All Debts contracted and
engagements entered into
Engagements entered into,
before the adoption of this
before the Adoption of
Constitution shall be as
this Constitution, shall be
valid against the No changes.
as valid against the United
Confederate States under
States under this
this Constitution, as under
Constitution, as under the
the Provisional
Confederation.
Government.

This Constitution, and the 3. This Constitution, and


Laws of the United States the laws of the
which shall be made in Confederate States made
Pursuance thereof; and all in pursuance thereof, and
Treaties made, or which all treaties made, or which
shall be made, under the shall be made, under the No changes, except that
Authority of the United authority of the the CSA inexplicably gets
States, shall be the Confederate States, shall rid of the words "which
supreme Law of the Land; be the supreme law of the shall be" in the first
and the Judges in every land; and the judges in sentence.
State shall be bound every State shall be bound
thereby, any Thing in the thereby, anything in the
Constitution or Laws of constitution or laws of any
any State to the Contrary State to the contrary
notwithstanding. notwithstanding.

4. The Senators and No changes.


The Senators and Representatives before
Representatives before mentioned, and the
mentioned, and the members of the several
Members of the several State Legislatures, and all
State Legislatures, and all executive and judicial
executive and judicial officers, both of the
Officers, both of the Confederate States and of
United States and of the the several States, shall be
several States, shall be bound by oath or
bound by Oath or affirmation to support this
Affirmation, to support Constitution; but no
this Constitution; but no religious test shall ever be
religious Test shall ever required as a qualification
be required as a to any office or public
Qualification to any trust under the
Office or public Trust Confederate States.
under the United States.

[Amendment IX] 5. The enumeration, in the


The enumeration in the Constitution, of certain The last two amendments
Constitution, of certain rights shall not be from the US Bill of Rights
rights, shall not be construed to deny or are incorporated into the
construed to deny or disparage others retained end of the CSA
disparage others retained by the people of the constitution.
by the people. several States.

[Amendment X] 6. The powers not


The powers not delegated delegated to the
to the United States by the Confederate States by the
Constitution, nor Constitution, nor
No changes.
prohibited by it to the prohibited by it to the
States, are reserved to the States, are reserved to the
States respectively, or to States, respectively, or to
the people. the people thereof.

ARTICLE. VII.
Sect. 1. Sect. 1.

The Ratification of the 1. The ratification of the


Conventions of nine conventions of five States
States, shall be sufficient shall be sufficient for the Both constitutions' Article
for the Establishment of establishment of this VII has to do with how the
this Constitution between Constitution between the constitution is adopted.
the States so ratifying the States so ratifying the
Same. same.

N/A 2. When five States shall The CSA established a


have ratified this provisional constitution
Constitution, in the immediately after its
manner before specified, founding. That document
the Congress under the was to continue to be used
Provisional Constitution until the interim Congress
shall prescribe the time for could set an election date
holding the election of for the election of a new,
President and Vice permanent Congress and
President; and for the president. This day never
meeting of the Electoral came. This constitution
College; and for counting was never used.
the votes, and
inaugurating the President.
They shall, also, prescribe
the time for holding the
first election of members
of Congress under this
Constitution, and the time
for assembling the same.
Until the assembling of
such Congress, the
Congress under the
Provisional Constitution
shall continue to exercise
the legislative powers
granted them; not
extending beyond the time
limited by the Constitution
of the Provisional
Government.

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