Tuesday, February 8, 2011

Provisional Constitution of the Confederate States of America


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
History can be studied through online schools. Don't forget to take a look at pictures of the Civil War too.
Before we get into a line-by-line comparison, I should point out the general, minor 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.

Overall, the CSA constitution does not radically alter the federal system that was set up under the United States constitution. It is thus very debatable as to whether the CSA was a significantly more pro-"states' rights" country (as supporters claim) in any meaningful sense. At least three states rights are explicitly taken away- the freedom of states to grant voting rights to non-citizens, the freedom of states to outlaw slavery within their borders, and the freedom of states to trade freely with each other.

States only gain four minor rights under the Confederate system- the power to enter into treaties with other states to regulate waterways, the power to tax foreign and domestic ships that use their waterways, the power to impeach federally-appointed state officials, and the power to distribute "bills of credit." When people champion the cause of reclaiming state power from the feds, are matters like these at the tops of their lists of priorities?

As previously noted, the CSA constitution does not modify many of the most controversial (from a states' rights perspective) clauses of the American constitution, including the "Supremacy" clause (6-1-3), the "Commerce" clause (1-8-3) and the "Necessary and Proper" clause (1-8-18). Nor does the CSA take away the federal government's right to suspend habeus corpus or "suppress insurrections."

As far as slave-owning rights go, however, the document is much more effective. Indeed, CSA constitution seems to barely stop short of making owning slaves mandatory. Four different clauses entrench the legality of slavery in a number of different ways, and together they virtually guarantee that any sort of future anti-slave law or policy will be unconstitutional. People can claim the Civil War was "not about slavery" until the cows come home, but the fact remains that ON PAPER in the form of the Constitution, anyone who fought for the Confederacy was fighting for a country in which a universal right to own slaves was one of the most entrenched laws of the land.

In the end, however, many of the most interesting changes introduced in the CSA constitution have nothing to do with federalism or slavery at all. The President's term limit and line-item veto, along with the various fiscal restraints, and the ability of cabinet members to answer questions on the floor of Congress are all innovative, neutral ideals whose merits may still be worth pondering today

To see a picture of and information on the consatitution;
http://www.moc.org/site/Calendar/1316055843?view=Detail&id=103621&whence=http%3A%2F%2Fwww.moc.org%2Fsite%2FPageServer%3Fpagename%3Dvisit_cal

Read the Confederate Constitution here;
http://avalon.law.yale.edu/19th_century/csa_csa.asp

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