(This page shows some major areas where the Confederate constitution differs from the U.S. Constitution. Numerous points have been [omitted] where they are not relevant to the discussion. The full text can be found here and an article defining all difference between the Confederate Constitution and the U.S. Constitution can be found here.)
Constitution of the Confederate States of America
Preamble:
We, the people of the Confederate States, each State acting in its
sovereign and independent character, in order to form a permanent federal
government, establish justice, insure domestic tranquillity [sic], and secure the
blessings of liberty to ourselves and our posterity — invoking the favor and
guidance of Almighty God — do ordain and establish this Constitution for the
Confederate States of America.
1. All legislative powers herein delegated shall be vested in a
Congress of the Confederate States, which shall consist of a Senate and House
of Representatives.
1. [omitted]
2. [omitted]
3. Representatives and direct taxes shall be apportioned among the
several States, which may be included within this Confederacy, according to
their respective numbers, which shall be determined by adding to the whole
number of free persons, including those bound to service for a term of years,
and excluding Indians not taxed, three-fifths of all slaves. [remainder omitted]
4. When vacancies happen... [omitted]
5. The House of Representatives shall choose their Speaker ...[omitted]
1. The Senate of the Confederate States shall be composed of two
Senators from each State... [omitted]
2. Immediately after they shall be assembled... [omitted]
3. No person shall be a Senator who shall not have attained the
age of thirty years, and be a citizen of the Confederate States; and who shall
not, then elected, be an inhabitant of the State for which he shall be chosen.
4. The Vice President of the Confederate States shall be president
of the Senate, but shall have no vote unless they be equally divided.
5. The Senate shall choose their other officers... [omitted]
6. The Senate shall have the sole power to try all impeachments... [omitted]
1. The times, places, and manner of holding elections for Senators
and Representatives shall be prescribed in each State by the Legislature
thereof, subject to the provisions of this Constitution; [This means that each State Legislature is free to make their own decisions except where the Constitution has laid out other rules. The fore mentioned Article I Section 2(1) and Article I Section 3(1) clauses would fall into that category.] but the Congress may, at any time, by law, make or alter such regulations, except as to the times and
places of choosing Senators.
2. The Congress shall assemble at least once [omitted]
1. Each House shall be the judge of the elections... [omitted]
2. Each House may determine the rules of its proceedings... [omitted],
3. Each House shall keep a journal of its proceedings... [omitted]
4. [omitted]
1. The Senators and Representatives shall receive a compensation ... [omitted]
1. All bills for raising revenue shall originate in the House of
Representatives; but the Senate may propose or concur with amendments, as on
other bills.
2. Every bill which shall have passed both Houses, shall, before
it becomes a law, be presented to the President of the Confederate States... [veto - omitted]
3. Every order, resolution, or vote... [omitted]
The Congress shall have power -
1. To lay and collect taxes, duties, imposts, and excises for
revenue, necessary to pay the debts, provide for the common defense, ["and general welfare" in U.S. Constitution was dropped] and carry
on the Government of the Confederate States; but no bounties shall be granted
from the Treasury; nor shall any duties or taxes on importations from foreign
nations be laid to promote or foster any branch of industry; and all duties,
imposts, and excises shall be uniform throughout the Confederate States.
2. To borrow money on the credit of the Confederate States.
3. To regulate commerce with foreign nations, and among the
several States, and with the Indian tribes; [new in Confederate constitution...] but neither this, nor any other
clause contained in the Constitution, shall ever be construed to delegate the
power to Congress to appropriate money for any internal improvement intended to
facilitate commerce; except for the purpose of furnishing lights, beacons, and
buoys, and other aids to navigation upon the 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... [omitted]
5. To coin money... [omitted]
6. To provide for the punishment of counterfeiting ... [omitted]
7. To establish post offices and post routes... [omitted]
8. To promote the progress of science... [omitted]
9. To constitute tribunals inferior to the Supreme Court.
10. To punish pirates... [omtted]
11. To declare war... [omitted]
12-14 [Military - omitted]
15. To provide for calling forth the militia to execute the laws
of the Confederate States, suppress insurrections, and repel invasions.
16. To provide for organizing, arming, and disciplining the
militia [omitted]...
17. To exercise exclusive legislation [omitted]
18. To make all laws... [omitted]
18. To make all laws... [omitted]
1. The importation of negroes of the African race from any foreign country other than the slaveholding States or Territories of the United States of America, is hereby forbidden; and Congress is required to pass such laws as shall effectually prevent the same.
2. Congress shall also have power to prohibit the introduction of slaves from any State not a member of, or Territory not belonging to, this Confederacy.
3. The privilege of the writ of habeas corpus shall not be
suspended, unless when in cases of rebellion or invasion the public safety may
require it.
4. No bill of attainder, ex post facto law, or law
denying or
impairing the right of property in negro slaves shall be passed.
5-7. Revenue and taxes [omitted]
8. No money shall be drawn from the Treasury... [omitted]
9. [NEW] Congress shall appropriate no money from the Treasury except by
a vote of two-thirds of both Houses, taken by yeas and nays, unless it be asked
and estimated for by some one of the heads of departments and submitted to
Congress by the President; or for the purpose of paying its own expenses and
contingencies; or for the payment of claims against the Confederate States, the
justice of which shall have been judicially declared by a tribunal for the
investigation of claims against the Government, which it is hereby made the
duty of Congress to establish.
10. [New] All bills appropriating money shall specify in Federal currency the exact amount of each appropriation and the purposes for which it is made; and Congress shall grant no extra compensation to any public contractor, officer, agent, or servant, after such contract shall have been made or such service rendered.
11. No title of nobility ... [omitted]
[Beginning - First 8 of U.S. 10 Bill of Rights...]
12. Congress shall make no law respecting an establishment of
religion, or prohibiting the free exercise thereof; or abridging the freedom of
speech, or of the press; or the right of the people peaceably to assemble and
petition the Government for a redress of grievances.
13. A well-regulated militia... [omitted]
14. No soldier shall, in time of peace, be quartered... [omitted]
15. The right of the people to be secure in their persons, houses... [omitted]
16. No person shall be held to answer for a capital or otherwise
infamous crime, [some omitted]... nor shall private property be
taken for public use, without just compensation.
17. In all criminal prosecutions the accused shall enjoy the right to a speedy and public trial... [omitted]
18. In suits at common law... [omitted]
19. Excessive bail... [omitted]
[End - First 8 of U.S. 10 Bill of Rights...]
20. [NEW] Every law, or resolution having the force of law, shall relate
to but one subject, and that shall be expressed in the title.
1. No State shall enter into any treaty, alliance, or
confederation... [omitted]
2. No State shall, without the consent of the Congress, lay any
imposts or duties on imports or exports, except what may be absolutely
necessary for executing its inspection laws; and the net produce of all duties
and imposts, laid by any State on imports, or exports, shall be for the use of
the Treasury of the Confederate States; and all such laws shall be subject to
the revision and control of Congress.
[the following is new and prevents a state, or states, from starting a war...]
3. No State shall, without the consent of Congress, lay any duty
on tonnage.... but such duties shall not conflict with any treaties of the Confederate States with foreign nations; and any surplus revenue, thus derived, shall, after making such improvement, be paid into the common treasury. Nor shall any state keep troops or ships 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.
1. The executive power shall be vested in a President of the
Confederate States of America. He and the Vice President shall hold their
offices for the term of six years; but the President shall not be reeligible.
The President and Vice President shall be elected as follows:
2. Each State shall appoint... [omitted]
3. The electors shall meet in their respective States and vote by
ballot for President and Vice President ... [omitted]
4. The person having the greatest number of votes as Vice
President shall be the Vice President... [omitted]
5. But no person constitutionally ineligible to the office of
President shall be eligible to that of Vice President of the Confederate
States.
6. The Congress may determine the time of choosing the electors,
and the day on which they shall give their votes; which day shall be the same
throughout the Confederate States.
7. No person except a natural-born citizen of the Confederate;... [omitted]
8. In case of the removal of the President [omitted]
9. The President shall, at stated times, receive for his services
a compensation... [omitted]
10. [omitted]
Section 2 - Civilian Power over Military, Cabinet, Pardon Power, Appointments
1. The President shall be Commander-in-Chief of the Army and Navy
of the Confederate States, and of the militia of the several States, when
called into the actual service of the Confederate States... [omitted]
2. He shall have power, by and with the advice and consent of the
Senate, to make treaties... [omitted]
3. The principal officer in each of the Executive Departments, and
all persons connected with the diplomatic service, may be removed from office
at the pleasure of the President... [omitted]
4. The President shall have power to fill all vacancies ... [omitted]
1. The President shall, from time to time, give to the Congress information of the state of the Confederacy... [omitted]
1. The President, Vice President, and all civil officers of the
Confederate States, shall be removed from office on impeachment for and
conviction of treason, bribery, or other high crimes and misdemeanors.
1. The judicial power of the Confederate States shall be vested in one Supreme Court... [omitted, the Confederacy never created one.
1. The judicial power shall extend to all cases arising under this Constitution ... [omitted]
2. In all cases affecting ambassadors... [omitted]
3. The trial of all crimes, except in cases of impeachment, shall
be by jury... [omitted]
Section 3 - Treason
1. Treason against the Confederate States shall consist only in... [omitted]
2. ... [omitted]
1. Full faith and credit shall ... [omitted]
Section 2 - State citizens, Extradition
1. The citizens of each State shall be entitled to all the privileges and immunities of citizens in the several States; and shall have the right of transit and sojourn in any State of this Confederacy, with their slaves and other property; and the right of property in said slaves shall not be thereby impaired.
2. A person charged in any State with treason, felony, or other
crime... [omitted]
3. No slave or other person held to service or labor in any State
or Territory of the Confederate States, under the laws thereof, escaping or
lawfully carried into another, shall, in consequence of any law or regulation
therein, be discharged from such service or labor; but shall be delivered up on
claim of the party to whom such slave belongs; or to whom such service or labor
may be due. [Fugitive Slave Act as in U.S. Constitution]
Section 3 - New States
1. Other States may be admitted... [omitted]
2. [omitted]
3. The Confederate States may acquire new territory... 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; 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 State that now
is, or hereafter may become, a member of this Confederacy, a republican form of
government... [omitted]
Article
5. - Amendment
[amending the Confederate Constitution is easier then the U.S. Constitution. It needs 2/3, not 3/4 ratification and does not need to be approved by Congress.]
[amending the Confederate Constitution is easier then the U.S. Constitution. It needs 2/3, not 3/4 ratification and does not need to be approved by Congress.]
1. Upon the demand of any three States, legally assembled in their
several conventions, the Congress shall summon a convention of all the States,
to take into consideration such amendments to the Constitution as the said
States shall concur in suggesting at the time when the said demand is made; and
should any of the proposed amendments to the Constitution be agreed on by the
said convention ~ voting by States ~ and the same be ratified by the
Legislatures of two-thirds of the several States, or by conventions in
two-thirds thereof ~ as the one or the other mode of ratification may be
proposed by the general convention ~ they shall thenceforward form a part of this
Constitution.
Section 1 - Transition from the Provisional Government
1. The Government established by this Constitution is the successor of the Provisional Government... [omitted]
Section 2 - Debts of the Provisional Government
2. All debts contracted and engagements entered into before the
adoption of this Constitution shall be as valid against the Confederate States
under this Constitution, as under the Provisional Government.
Section 3 - Supremacy of
the Constitution
3. This Constitution, and the laws of the Confederate States made in pursuance thereof, and all treaties made, or which shall be made, under the authority of the Confederate States, shall be the supreme law of the land; and the judges in every State shall be bound thereby, anything in the constitution or laws of any State to the contrary notwithstanding.
5. The enumeration, in the Constitution, of certain rights shall
not be construed to deny or disparage others retained by the people of the
several States.
Section 6 - State powers
6. [Same as the 10th amendment in the U.S. Constitution..]
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