Stephen+Confederate+Constitution

=Constitution of the Confederate States of America= toc

On November 6th, 1860, Abraham Lincoln was elected the sixteenth president of the United States. Following his election, South Carolina succeeded from the Union followed by many other southern states in the weeks to come. These eleven states joined together and created the [|Confederate States of America], or the CSA. This new found nation of course needed a solid government to lay its foundations upon. So on march 11th of that year, they adopted the [|Constitution of the Confederate States of America]. Many of the ideas and themes in the Confederate Constitution are similar to the ones that existed in the United States Constitution, the most significant difference being slavery.

Main Similarities
One would be surprised just how similar the Constitution of the CSA is to the Constitution of the USA. Most, if not all, of the key features of the Confederate constitution are exactly the same. Some of the most basic ones existed in the political portion of the document. The government of the CSA was divided into three branches, just as before. They still had congress with its two houses (the Senate and the House). There still were the nine Supreme Court justices in the Judicial branch. And the president was still in charge of the executive branch. Impeachment trials were still held, and a quorum was still needed for congress to conduct business. The president still had the power to veto, and pocket veto any bill that congress passes. The Bill of Rights of the CSA was much like its counter part. The citizens enjoyed protection from search and seizure, double jeopardy, the freedom of speech, religion, press, petition, assembly, and the right to bare arms.

Main Differences:
There was not much changed in the Confederate Constitution. The language used in the Confederate Constitution is from the 19th Century, contrasting to the 18th Century language in the Union Constitution. Many ideas in the constitution of the CSA gave slightly more power to the states, resembling parts of the Articles of Confederation. In addition, rebel constitution almost made it compulsory to own a slave, or close to that. The references to the Union were also changed so that they would refer to the Confederacy, and the clauses that were written were numbered and some were even put together to make the Constitution shorter and easier to read. Although not much writing had been changed, some of the powers granted were changed as well. The President of the Confederacy was allowed a line-item veto. This allowed him to approve or disapprove any section of a bill. Also, the term of a President and Vice-President was limited to six years before they had to leave. The most significant change was that foreign slave trade was banned, but trade between states in the Union; their current enemy, was still allowed and commonly exercised.

Preamble:
The preamble to the constitution of the CSA, or for any constitution for that matter, is perhaps the most important part of he whole document. The preamble states, and explains the purpose of a document. It also explains the goals that the new found government wishes to accomplish. Much similar to the constitution of the Union, some of the main ambitions were to establish justice, insure domestic tranquility, and to secure the Blessings of Liberty to themselves and their prosperity. What differentiates is the first portion. In the Union's constitution, it speaks of creating a more perfect union. However the CSA aimed to form a more permanent federal government, in other words, they wanted to solidify and or strengthen central government.

Political Affairs and Elections:
There is a minimal difference between the two constitutions in terms of political affairs and elections. The CSA kept maintained the three individual branches of government. Congress is in charge of legislative duties. The executive branch was still in charge of carrying out laws, and the judicial branch was responsible for interpreting laws. In congress, the two houses still remained (The house of representatives, and the senate.) The house was based on population, and only two senators were allowed per state as always. Congress were required meet at least once a year and in their meetings they create bills which may eventually become laws. The CSA, much like the the Union, had a president that played the role of commander in chief for the CSA. The judicial branch, used it knowledge of the constitution to settle legal disputes. There were three "levels" of courts. The first, and lowest, were the federal district courts which handled disputes that occur within it's state jurisdiction. Appellate courts take cases that were appealed from the district courts. And then there was the supreme court. With its nine justices the supreme court admited both types of cases. All elections were still held on the first Monday after November first, unless vacancies must be filled. In terms of presidential elections, the CSA has almost mimicked the electoral college of the union. The candidate with the majority of the electoal votes became president.In the instance of a tie, the house determined the president.

Slavery:
Perhaps the biggest difference between the two constitutions is slavery. As a result of the 13 amendment to the U.S. constitution, slaver was made illegal. However the south strongly disagreed with that congressional decision, so when they succeeded from the Union and wrote their own constitution, they made sure that slavery was legal. The southern region of the United States is a rich and fertile area, where crops can grow almost anywhere, all year round. Their economy was centered around agriculture and farming. Slaves where essential to them and they they helped vastly increase productivity.When slavery became outlawed, so much of the already increasing tension with in the south exploded into one large war to preserve the rights of the southern people. In the CSA, slavery existed almost exactly the same as it did in the Union before the 13 amendment. The CSA still respected congress' 1808 ban on slave importation, and chose not to bring any more slaves from Africa. Run away slaves were dealt with in the same fashion. Slaves could not escape freedom by simply fleeing to a free state. The master of this slave had the constitutional right to have his or her "property" extradited from that state. The Government also does not have the right to deny or deprive a master of his or her slave.

Rights of the people
Much like the Constitution of the United States, the Constitution of the Confederate states includes a section that is centered around the rights of the people. This two sections are fairly comparable to the English Bill of Right, or the Magna Carta, in the sense that it protects the people from experiencing an unjust government. Many of the ideas in the Confederate Bill of Rights are similar, if not exactly the same, as the Bill of Rights of the United States. For example No bills of attainder, ex post facto laws, or habeas corpi could be issued. However the Confederate Constitution also forbids the government to deny a slave holder of their Negro. That is the biggest difference between the two. The rest is fairly similar. Soldiers may not be quartered without the consent of the home owner. Also random acts of search seizure cannot take place unless a warrant is issued by a judge. The freedom of speech, religion, press, petition, and assembly still remained.



BIBLIOGRAPHY:

> ItemID=WE52&iPin=E04300&SingleRecord=True (accessed May 9, 2010).
 * 1) Confederate Congress. "Constitution of the Confederate States of America." In Commager, Henry Steele, ed. //Documents of American History.// New York: F.S. Crofts & Co., 1938. //American History Online//. Facts On File, Inc. http://www.fofweb.com/activelink2.asp?
 * 1) Finkleman, Paul. "Background of the Confederate States Constitution." //The Confederate States of America//. Macmillan Information Now Encyclopedia, 20 Nov. 2004. Web. 09 May 2010. .
 * 2)  "Confederate Constitution Adopted — History.com This Day in History — 3/11/1861." //The History Channel — Home Page//. History Channel. Web. 09 May 2010. 
 * 3) Picture 1: Ordinance of Succession of Florida- http://www.google.com/imgres?imgurl=http://www.floridamemory.com/floridahighlights/secession.jpg&imgrefurl=http://www.floridamemory.com/floridahighlights/secession.cfm&usg=__roY3DN0vuQ5Q66ZC3QogssxeksQ=&h=740&w=600&sz=127&hl=en&start=14&um=1&itbs=1&tbnid=16tIwQmuE8iEDM:&tbnh=141&tbnw=114&prev=/images%3Fq%3Dconfederate%2Bconstitution%26um%3D1%26hl%3Den%26client%3Dfirefox-a%26rls%3Dorg.mozilla:en-US:official%26tbs%3Disch:1
 * 4) Picture 2: Run away slave- http://niahd.wm.edu/attachments/33193.jpg
 * 5) Picture 3: White house of the confederacy- http://richmondthenandnow.com/Images/Historic-Richmond/White-House-of-the-Confederacy-big.jpg

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