Malcolm Rivera
The Confederate Constitution was the supreme law of the Confederate States of America. It superseded the Provisional Constitution in 1862 and remained in effect until the end of the American Civil War in 1865. The Confederate Constitution mirrored the U.S. Constitution in many ways, but there were crucial differences in tone and legal content, particularly concerning slavery and states' rights. The Confederate Constitution included provisions that explicitly supported slavery and reasserted the principle of states' rights. It also included a non-renewable six-year term for the president, a line-item veto, and the ability for states to impeach federal officials.
| Characteristics | Values |
|---|---|
| Date of Constitution | March 11, 1861 |
| Superseded | The Provisional Constitution of the Confederate States |
| Supreme Law | The Confederate States of America |
| Judicial Power | Vested in one Supreme Court and inferior courts as deemed necessary |
| Judges | To hold office during good behavior and receive compensation for their services |
| Jurisdiction | Cases arising under the Constitution, laws of the Confederate States, and treaties made |
| Election of President and Vice President | To be prescribed by Congress under the Provisional Constitution once five states ratify the Constitution |
| First Election of Members of Congress | To be prescribed by Congress under the Provisional Constitution once five states ratify the Constitution |
| President's Term in Office | One non-renewable six-year term |
| Vice President's Term in Office | No term limits |
| President's Veto Power | Line-item veto in budget matters |
| Senators and Representatives | To serve under circumstances similar to rules in the U.S. Constitution |
| Rights | Included the Bill of Rights and the First Amendment, with some modifications |
| Slavery | Explicitly supported slavery and protected the right of owners to property in slaves |
| States' Rights | Reasserted the principle of states' rights, including the right to determine whether to be slave or free |
| New States | Admitted by a two-thirds vote in the House and Senate |
| Impeachment | States could impeach federal officials, including judges and officers, with a two-thirds vote of both branches of the state's legislature |
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What You'll Learn
The Confederate Constitution superseded the Provisional Constitution
The Confederate Constitution was the supreme law of the Confederate States of America. It established a permanent federal government and was organised on the principles of the United States. The document was very similar to the U.S. Constitution, with some cosmetic changes, such as replacing "United States" with "Confederate States". However, there were crucial differences in tone and legal content, primarily regarding slavery. The Confederate Constitution directly addressed the legality of slavery and used the word "slaves", unlike the U.S. Constitution, which used the term "persons held to Service or Labour". The Confederate Constitution also included a Bill of Rights, which stated that the government couldn't impair "the right of property in negro slaves".
The Confederate Constitution gave the Confederate states the ability to impeach federal officials, collect more taxes, make treaties with each other, and create lines of credit. It limited the president to one six-year term in office, while the vice president had no term limits. The president also had the power of the line-item veto in budget matters. The Confederate Congress operated similarly to the United States Congress, with senators and representatives serving under similar rules.
The Confederate Constitution also included provisions for the judicial power of the Confederate States, which was vested in one Supreme Court and such inferior courts as Congress may establish. The judges of these courts were to hold office during good behaviour and receive compensation that could not be diminished. The judicial power extended to cases arising under the Constitution, laws of the Confederate States, and treaties made under their authority, among other areas.
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It explicitly supported slavery
The Constitution of the Confederate States, which was approved on March 11, 1861, explicitly supported slavery. While it mirrored the US Constitution in many ways, there were crucial differences in tone and legal content, primarily regarding slavery.
One of the most significant differences was the Confederate Constitution's explicit protection of slavery in the territories. Article IV, Section 3(3) stated that the Confederate States may acquire new territory and that "in all such territory, the institution of negro slavery as it now exists in the Confederate States, shall be recognized and protected by Congress, and by the territorial government". This provision ensured that any new territory acquired by the Confederate nation would allow slavery and that enslavers could travel between Confederate states with their slaves.
The Confederate Constitution also included a provision that prevented any Confederate state from making slavery illegal. Additionally, it accounted for enslaved people as three-fifths of a state's population, similar to the US Constitution at the time. The Confederate Constitution also used the word "slaves," unlike the US Constitution, which used more vague language.
The inclusion of these provisions in the Confederate Constitution reflects the belief that secession and the preservation and expansion of slavery were closely linked. According to historian Kenneth M. Stampp, Confederate Vice President Alexander H. Stephens stated that slavery was the "cornerstone of the Confederacy" when the war began.
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It reasserted the principle of state's rights
The Constitution of the Confederate States of America (CSA) was approved on March 11, 1861. It superseded the Provisional Constitution of the Confederate States, the Confederate State's first constitution, in 1862. The Confederate Constitution mirrored the US Constitution in many ways, but there were crucial differences in tone and legal content, primarily regarding slavery and states' rights.
The Confederate Constitution reasserted the principle of states' rights, which had dominated under the Articles of Confederation from 1781 to 1789. The CSA preamble affirmed that the people of the Confederacy ordained and established the CSA Constitution through their respective states, with each state acting in its sovereign and independent character. This emphasis on state sovereignty and independence reflected a strong states' rights mindset within the Confederacy.
The Confederate Constitution included provisions that altered the balance of governmental powers in favour of the states. For example, it allowed states to impeach federal officials and judges by a two-thirds vote of both branches of the state's legislature, demonstrating that the states were not intended to be subservient to CSA judges and bureaucrats. Additionally, it required a two-thirds vote of both the House and Senate to admit new states into the Confederacy, ensuring that nonsouthern interests could only be represented if they became states, which required a higher threshold than in the US Constitution.
The Confederate Constitution also included three new clauses in Article I, Section 9, and made alterations to individual rights easier than under the US Constitution. While it provided no formal amendment process for the legislature, only three states were needed to request a constitutional convention to propose amendments, and ratification required only two-thirds of the states, rather than the three-fourths required under the US Constitution.
The Confederate Constitution explicitly supported slavery and safeguarded it as a cornerstone of the Confederacy. It included provisions that acknowledged the national importance of the slave issue and intentionally curtailed states' rights to import slaves from outside the Confederacy. However, it also let states determine whether to be slave or free, reflecting a commitment to states' rights even on this divisive issue.
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It included a Bill of Rights
The Constitution of the Confederate States of America was the supreme law of the Confederate States and superseded the Provisional Constitution in 1862. It remained in effect until the end of the American Civil War in 1865.
The Confederate Constitution included a Bill of Rights, which was lumped together with rules about Congress. Most of the rights in the U.S. Constitution's original Bill of Rights were incorporated, including the First Amendment in full. The Confederate Constitution also included an additional right that stated that the government could not impair "the right of property in negro slaves" of owners.
The Confederate Constitution made alterations to individual rights easier than under the U.S. Constitution. Although it provided no formal way for the legislature to propose amendments, only three states (rather than two-thirds) were needed to request a constitutional convention to propose such amendments, which would then require ratification by two-thirds (rather than three-fourths) of the states.
The Confederate Constitution also included provisions that explicitly supported slavery and reasserted the principle of state rights. For example, it acknowledged the slave issue to be of national importance and intentionally curtailed states' rights to import slaves from outside the Confederacy. It also let states determine whether to be slave or free, reflecting the Dred Scott U.S. Supreme Court decision, which protected the right of owners to transit with their slaves through the CSA's states and territories.
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It allowed impeachment of federal officials
The Constitution of the Confederate States was the supreme law of the Confederate States of America. It superseded the Provisional Constitution of the Confederate States in 1862 and remained in effect until the end of the American Civil War in 1865.
The Confederate Constitution allowed for the impeachment of federal officials. Confederate states had the ability to impeach federal officials, collect more taxes, and make treaties with each other under certain circumstances. They could also create lines of credit. The Confederate Constitution limited the president to one six-year term in office, and the president had the power of the line-item veto in budget matters.
The Confederate Constitution gave Congress the authority to impeach and remove "The President, Vice President, and all civil Officers of the United States" upon a determination that such officers had engaged in treason, bribery, or other high crimes and misdemeanours. Federal judges were also subject to impeachment. The House of Representatives could impeach a party with a simple majority of the House members present, triggering a federal impeachment trial in the United States Senate. The Senate could then vote by a two-thirds majority to convict an official, removing them from office.
The Confederate Constitution also contained provisions for the judicial system, with the judicial power of the Confederate States vested in one Supreme Court and such inferior courts as Congress may ordain and establish. The judges of these courts were to hold their offices during good behaviour and receive compensation that could not be diminished during their continuance in office.
The Confederate Constitution was similar to the Constitution of the United States, with some crucial differences, primarily regarding slavery. The Confederate Constitution used the word "slaves", and included provisions protecting the right of property in negro slaves. There were also differences in tone and legal content, with the Confederate Constitution including provisions for the impeachment of federal officials and the creation of lines of credit.
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Frequently asked questions
The Confederate Constitution was the supreme law of the Confederate States of America. It superseded the Provisional Constitution in 1862 and remained in effect until the end of the American Civil War in 1865.
The Confederate Constitution mirrored the US Constitution in many ways, but there were crucial differences in tone and legal content, primarily regarding slavery and states' rights. The Confederate Constitution explicitly supported slavery and included a non-renewable six-year term for the president, a line-item veto, and the ability for states to impeach federal officials.
The Confederate Constitution made alterations of individual rights easier than under the US Constitution. Only three states were needed to request a constitutional convention to propose amendments, which would then require ratification by two-thirds of the states.
The Confederate Constitution affirmed the principle of states' rights, with the preamble stating that each state acted in its "sovereign and independent character". States had the power to impeach federal officials, collect taxes, make treaties, and create lines of credit. Additionally, the Confederate Constitution let states determine whether to be slave or free.
The Confederate Constitution incorporated the first eight amendments of the US Bill of Rights into its text, including the First Amendment. These amendments were included to limit the authority of the Confederate Congress.
