Simone Lawson
The Confederate Constitution, adopted in 1861, had several key differences from the U.S. Constitution, particularly regarding the balance of power between state and federal governments, and the protection of slavery. The Confederate Constitution emphasised state sovereignty and limited federal power, explicitly protecting slavery and prohibiting the central government from funding internal improvements, such as infrastructure development. It also included a non-renewable six-year presidential term and prohibited protective tariffs. These differences reflected the Confederacy's commitment to a decentralised governance system, prioritising states' rights and the institution of slavery over a powerful federal government.
| Characteristics | Values |
|---|---|
| Presidential term | US Constitution: four-year term with the possibility of re-election |
| Confederate Constitution: single six-year term | |
| Sovereignty | US Constitution: did not include sovereignty |
| Confederate Constitution: emphasised the sovereignty of individual states | |
| Commerce | US Constitution: empowered Congress to address problems among the several states that the states are separately unable to deal with effectively |
| Confederate Constitution: prohibited protective tariffs and federal funding of internal improvements | |
| Slavery | US Constitution: did not protect slavery |
| Confederate Constitution: explicitly protected the institution of slavery, defining enslaved individuals as property |
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What You'll Learn
- The Confederate Constitution emphasised state sovereignty, whereas the US Constitution did not
- The Confederate Constitution protected slavery, the US Constitution did not
- The Confederate Constitution limited federal power, the US Constitution did not
- The Confederate Constitution prohibited protective tariffs, the US Constitution did not
- The Confederate Constitution did not allow the federal funding of internal improvements, the US Constitution did
The Confederate Constitution emphasised state sovereignty, whereas the US Constitution did not
The Confederate Constitution, adopted on March 11, 1861, was structured similarly to the United States Constitution. However, it incorporated several significant differences, particularly concerning slavery and the balance of power between state and federal governance.
The Confederate Constitution emphasised the sovereignty of individual states, allowing states to impeach federal officials and limiting federal intervention in state matters. The preamble of the Confederate Constitution includes references to the sovereignty and independence of each state, stating that each state acts in its ""sovereign and independent character". On the other hand, the US Constitution, in its early form, established a "league of friendship" for the 13 sovereign and independent states, but it did not emphasise state sovereignty to the same extent as the Confederate Constitution. The US Constitution, which came into effect in 1789, aimed to address the issues of insufficient power to regulate commerce, taxation, and setting commercial policy.
The Confederate Constitution's emphasis on state sovereignty reflected its commitment to states' rights and a decentralised form of governance. It gave greater legislative powers to the Confederate Congress compared to its executive and judicial branches. This distribution of powers indicated a preference for a weak central government, which was in contrast to the US Constitution, which aimed to strengthen the federal government's authority.
Additionally, the Confederate Constitution prohibited protective tariffs and federal funding of internal improvements, further emphasising its commitment to states' rights and limiting the role of the central government in economic affairs. The Confederate Constitution also included a six-year presidential term, reflecting the desire for stable leadership during a tumultuous period.
In summary, the Confederate Constitution's emphasis on state sovereignty and decentralised governance created a stark contrast with the US Constitution, which sought to establish a more robust federal government with the ability to regulate commerce, taxation, and commercial policy effectively. These differences in the underlying principles of governance significantly influenced the political and economic trajectories of the Confederate States and the United States.
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The Confederate Constitution protected slavery, the US Constitution did not
The US Constitution, despite its promise of equality, is considered to have a significant flaw: its protection of the institution of slavery. While the word "slave" does not appear in the Constitution, several clauses indirectly address slavery and the slave trade. Article 1, Section 9, prohibited Congress from banning the importation of slaves until 1808, and Article 5 prohibited this from being amended. Article 1, Section 2, the "Three-Fifths Clause," provided that, for representation in Congress, enslaved black people in a state would be counted as three-fifths of the number of white inhabitants. Article 4, Section 2, contains the “fugitive slave clause,” requiring that escaped slaves be returned to their owners. These clauses, along with the compromise on slavery, laid the foundation for tragic events and racial inequalities that have persisted throughout American history.
The Confederate Constitution, adopted in 1861, was structured similarly to the US Constitution but incorporated explicit protections for slavery. It defined enslaved individuals as property, ensuring their protection across existing states and any newly acquired territories. The Confederate Constitution also incorporated the Crittenden Compromise, which called for federal funds to reimburse slave owners for unreturned fugitives and allowed the importation of new slaves from other countries. The emphasis on state sovereignty and the prohibition of protective tariffs and federal funding of internal improvements further reflected the Confederacy's dedication to a slaveholding society.
While the US Constitution did not explicitly mention slavery, it contained clauses that indirectly addressed the issue. The Three-Fifths Clause and the Fugitive Slave Clause are often cited as examples of how the Constitution accommodated slavery. However, it is important to note that the framers of the Constitution believed that concessions on slavery were necessary to gain the support of southern delegates for a strong central government. They were convinced that if the Constitution restricted the slave trade, some states would refuse to join the Union.
In contrast, the Confederate Constitution explicitly protected slavery and emphasized state sovereignty, reflecting the Confederacy's commitment to maintaining a slaveholding society. The Crittenden Compromise, incorporated into the Confederate Constitution, addressed the issue of fugitive slaves by calling for federal funds to reimburse slave owners for unreturned fugitives. This provision further strengthened the protection of slavery in the Confederate States.
In summary, while both the US Constitution and the Confederate Constitution addressed slavery, the Confederate Constitution explicitly protected slavery and emphasized state sovereignty, reflecting the Confederacy's dedication to a slaveholding society. The US Constitution, on the other hand, contained indirect references to slavery and was shaped by the compromise between the northern and southern states. The differences in how slavery was addressed in these constitutions highlight the contrasting approaches to this institution in the United States and the Confederate States during the 19th century.
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The Confederate Constitution limited federal power, the US Constitution did not
The Confederate Constitution, adopted in 1861, was modelled after the US Constitution, with several crucial differences in tone and legal content. The Confederate Constitution limited federal power, while the US Constitution did not.
The Confederate Constitution emphasised the sovereignty of individual states, explicitly stating that any powers not granted to the federal government were reserved for the states. This reflected a strict interpretation of states' rights. It also allowed states to impeach federal officials and limited federal intervention in state matters. The Confederate Congress was given greater legislative powers compared to its executive and judicial branches, reflecting a strong preference for decentralised governance.
The Confederate Constitution prohibited the national government from engaging in internal improvements, such as infrastructure projects, to limit federal influence on local affairs. It also explicitly prohibited protective tariffs and federal funding of internal improvements, which were contentious topics in the original US Constitution.
The Confederate Constitution also included a clause about the question of slavery in the territories, stating that slavery was legally protected in the territories. This was a core component of its framework, guaranteeing that the rights of slaveholders would be upheld. The US Constitution, on the other hand, did not explicitly mention slavery.
The Confederate Constitution, therefore, reflected the Confederacy's foundational principles, prioritising states' rights and restricting the authority of the central government.
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The Confederate Constitution prohibited protective tariffs, the US Constitution did not
The Confederate Constitution and the US Constitution differ in several ways, particularly in relation to slavery and the balance of power between state and federal governance. One of the key differences between the two constitutions is that the Confederate Constitution prohibited protective tariffs, while the US Constitution did not.
Tariffs are taxes levied on imported goods, and they were one of the main revenue-generating powers given to Congress at the constitutional convention. While protective tariffs were not a new invention, with the first one being passed in 1789, the high tariff rates of the Tariff of 1828 (nearly 49%) caused tension between the North and the South. Northern manufacturers benefited from the tariff, but it was a burden for consumers and Southern plantation owners, who were dependent on European trade.
The tariff issue became a national test case for legal theories that were later used by the secessionists to form the breakaway Confederate States of America. The Southern states argued that the Constitution's tariff power was limited to its revenue function and that protective tariffs, which intentionally exclude goods from being imported, actually diminish tax revenues. Thus, they contended that explicitly protective tariffs lacked sanction under the Constitution's revenue clause.
During the Constitutional Convention of 1861, the Confederate Constitution was adopted, and it explicitly prohibited protective tariffs and federal funding of internal improvements. This reflected the Confederacy's commitment to states' rights and a decentralized form of governance. In contrast, the US Constitution, which was in force from 1781 until 1789 when the present-day Constitution went into effect, did not include such a prohibition.
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The Confederate Constitution did not allow the federal funding of internal improvements, the US Constitution did
The Confederate Constitution, adopted in 1861, was structured similarly to the US Constitution. However, it differed in its emphasis on state sovereignty and its explicit protection of slavery as property. The Confederate Constitution also prohibited protective tariffs and federal funding of internal improvements, which were topics of contention in the original US Constitution.
The Confederate Constitution's preamble referenced God, a perpetual government, and the sovereignty and independence of each state. It also included a Supremacy Clause, a Commerce Clause, and a Necessary and Proper Clause. The Commerce Clause differed from the US version, as it prevented the Confederate Congress from appropriating money for "internal improvements" to "facilitate commerce". This reflected the Confederacy's commitment to its agrarian economy and states' rights.
The US Constitution, on the other hand, allows for the federal funding of internal improvements to facilitate commerce. This power is delegated to Congress, which can appropriate money for internal improvements such as the improvement of harbors and the removal of obstructions in river navigation. These improvements are funded by duties laid on the navigation facilitated by such improvements.
The Confederate Constitution also included provisions for the election of a President and Vice President. The President and Vice President were to hold office for a single six-year term and were not eligible for re-election. This differed from the US Constitution, which allowed for a four-year term with the possibility of re-election.
Overall, the Confederate Constitution's prohibition on federal funding of internal improvements reflected its commitment to a decentralized governance structure and its prioritization of states' rights over federal authority.
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Frequently asked questions
The Confederate Constitution, adopted in 1861, had several differences from the US Constitution, including:
- Emphasis on State Sovereignty: The Confederate Constitution prioritised the sovereignty of individual states, reflecting a strong belief in states' rights.
- Limitation of Federal Power: The Confederate Constitution restricted federal authority, prohibiting the national government from funding internal improvements like infrastructure projects, limiting federal influence on local affairs.
- Explicit Protection of Slavery: Unlike the US Constitution, the Confederate Constitution explicitly protected slavery, defining enslaved people as property.
- Presidential Term: The Confederate Constitution limited the presidency to a single six-year term, while the US Constitution allows for a four-year term with the possibility of re-election.
The Confederate Constitution included provisions to regulate commerce with foreign nations and among the states. However, it prohibited the use of federal funds for internal improvements to facilitate commerce, except for specific purposes like navigation aids and harbour improvements.
The Confederate Constitution explicitly protected slavery and guaranteed the rights of slaveholders. It defined enslaved individuals as property and allowed for the importation of slaves from other countries. It also incorporated the Crittenden Compromise, which provided for federal reimbursement to slave owners for unreturned fugitive slaves.
The preamble of the Confederate Constitution included references to God, a perpetual government, and the sovereignty and independence of each state. The US Constitution's preamble does not include these elements.
